The bill amends Section 43.26 of the Penal Code to strengthen the prosecution and punishment of offenses related to sexually explicit visual material involving children, including computer-generated depictions. It introduces new definitions such as "depiction of a child" and "depiction of a computer-generated child," which clarify what constitutes illegal visual material. The bill establishes specific offenses for possessing or accessing such material, with penalties that escalate based on the number of depictions and the age of the child depicted. For example, possessing visual material depicting a child engaging in sexual conduct is classified as a felony of the third degree, with harsher penalties for repeat offenders or those with a higher number of depictions.

Furthermore, the bill enhances penalties for offenses involving depictions of children under the age of 10 and clarifies that the state does not need to prove the identity of the child in the visual material, creating a rebuttable presumption that the depiction is of an actual child. It also introduces affirmative defenses for law enforcement officers and school administrators who possess such material in good faith, as well as for individuals whose conduct is for legitimate educational or medical purposes. The bill clarifies the definition of "visual material" to include digital formats and specifies that it can encompass depictions created using artificial intelligence that closely resemble actual minors. Certain existing provisions related to child pornography are repealed, and the changes will apply only to offenses committed after the effective date of the Act, set for September 1, 2025.

Statutes affected:
Introduced: Penal Code 43.26, Penal Code 21.16 (Penal Code 21, Penal Code 43)