Relating to the creation of the criminal offense of possession, promotion, or production of certain obscene visual material appearing to depict a child, the official text

S.B. No. 20

AN ACT

relating to the creation of the criminal offense of possession,

promotion, or production of certain obscene visual material

appearing to depict a child.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended

by adding Section 43.235 to read as follows:

Sec. 43.235. POSSESSION, PROMOTION, OR PRODUCTION OF

CERTAIN VISUAL MATERIAL APPEARING TO DEPICT CHILD. (a) In this

section:

(1) "Promote" has the meaning assigned by Section

43.25.

(2) "Visual material" has the meaning assigned by

Section 43.26.

(b) A person commits an offense if the person:

(1) knowingly possesses, accesses with intent to view,

or promotes obscene visual material containing a depiction that

appears to be of a child younger than 18 years of age engaging in

activities described by Section 43.21(a)(1)(B), regardless of

whether the depiction is an image of an actual child, a cartoon or

animation, or an image created using an artificial intelligence

application or other computer software; or

(2) uses an image of an actual child younger than 18

years of age at the time the image was made with the intent to train

an artificial intelligence model to produce visual material

constituting child pornography under Section 43.26.

(c) An offense under this section is a state jail felony,

except that the offense is:

(1) a felony of the third degree if it is shown on the

trial of the offense that the person has been previously convicted

one time of an offense under this section or Section 43.23, 43.26,

43.261, or 43.262; or

(2) a felony of the second degree if it is shown on the

trial of the offense that the person has been previously convicted

two or more times of an offense under this section, Section 43.23,

43.26, 43.261, or 43.262, or any combination of those offenses.

(d) If conduct constituting an offense under this section

also constitutes an offense under another law, the actor may be

prosecuted under this section, the other law, or both.

SECTION 2. Section 3.03(b), Penal Code, is amended to read

as follows:

(b) If the accused is found guilty of more than one offense

arising out of the same criminal episode, the sentences may run

concurrently or consecutively if each sentence is for a conviction

of:

(1) an offense:

(A) under Section 49.07 or 49.08, regardless of

whether the accused is convicted of violations of the same section

more than once or is convicted of violations of both sections; or

(B) for which a plea agreement was reached in a

case in which the accused was charged with more than one offense

listed in Paragraph (A), regardless of whether the accused is

charged with violations of the same section more than once or is

charged with violations of both sections;

(2) an offense:

(A) under Section 33.021 or an offense under

Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed

against a victim younger than 17 years of age at the time of the

commission of the offense regardless of whether the accused is

convicted of violations of the same section more than once or is

convicted of violations of more than one section; or

(B) for which a plea agreement was reached in a

case in which the accused was charged with more than one offense

listed in Paragraph (A) committed against a victim younger than 17

years of age at the time of the commission of the offense regardless

of whether the accused is charged with violations of the same

section more than once or is charged with violations of more than

one section;

(3) an offense:

(A) under Section 21.15 or 43.26, regardless of

whether the accused is convicted of violations of the same section

more than once or is convicted of violations of both sections; or

(B) for which a plea agreement was reached in a

case in which the accused was charged with more than one offense

listed in Paragraph (A), regardless of whether the accused is

charged with violations of the same section more than once or is

charged with violations of both sections;

(4) an offense for which the judgment in the case

contains an affirmative finding under Article 42.0197, Code of

Criminal Procedure;

(5) an offense:

(A) under Section 20A.02, 20A.03, or 43.05,

regardless of whether the accused is convicted of violations of the

same section more than once or is convicted of violations of more

than one section; or

(B) for which a plea agreement was reached in a

case in which the accused was charged with more than one offense

listed in Paragraph (A), regardless of whether the accused is

charged with violations of the same section more than once or is

charged with violations of more than one section;

(6) an offense:

(A) under Section 22.04(a)(1) or (2) or Section

22.04(a-1)(1) or (2) that is punishable as a felony of the first

degree, regardless of whether the accused is convicted of

violations of the same section more than once or is convicted of

violations of more than one section; or

(B) for which a plea agreement was reached in a

case in which the accused was charged with more than one offense

listed in Paragraph (A) and punishable as described by that

paragraph, regardless of whether the accused is charged with

violations of the same section more than once or is charged with

violations of more than one section; [or]

(7) an offense under Section 43.235 or an offense for

which a plea agreement was reached in a case in which the accused

was charged with more than one offense under Section 43.235; or

(8) any combination of offenses listed in Subdivisions

(1)-(7) [(1)-(6)].

SECTION 3. Section 71.02(a), Penal Code, as amended by

Chapters 269 (S.B. 224), 369 (H.B. 1442), 462 (S.B. 1900), 885 (H.B.

4635), and 910 (H.B. 6), Acts of the 88th Legislature, Regular

Session, 2023, is reenacted and amended to read as follows:

(a) A person commits an offense if, with the intent to

establish, maintain, or participate in a combination or in the

profits of a combination or as a member of a criminal street gang or

foreign terrorist organization, the person commits or conspires to

commit one or more of the following:

(1) murder, capital murder, arson, aggravated

robbery, robbery, burglary, theft, aggravated kidnapping,

kidnapping, aggravated assault, aggravated sexual assault, sexual

assault, continuous sexual abuse of young child or disabled

individual, solicitation of a minor, forgery, deadly conduct,

assault punishable as a Class A misdemeanor, burglary of a motor

vehicle, or unauthorized use of a motor vehicle;

(2) any gambling offense punishable as a Class A

misdemeanor;

(3) promotion of prostitution, aggravated promotion

of prostitution, or compelling prostitution;

(4) unlawful manufacture, transportation, repair, or

sale of firearms or prohibited weapons;

(5) unlawful manufacture, delivery, dispensation, or

distribution of a controlled substance or dangerous drug, or

unlawful possession of a controlled substance or dangerous drug:

(A) through forgery, fraud, misrepresentation,

or deception; or

(B) with the intent to deliver the controlled

substance or dangerous drug;

(5-a) causing the unlawful delivery, dispensation, or

distribution of a controlled substance or dangerous drug in

violation of Subtitle B, Title 3, Occupations Code;

[(5-b) any unlawful possession with intent to deliver

a controlled substance or dangerous drug;

[(5-b) unlawful possession with intent to deliver a

controlled substance listed in Penalty Group 1-B under Section

481.1022, Health and Safety Code;]

(6) any unlawful wholesale promotion or possession of

any obscene material or obscene device with the intent to wholesale

promote the same;

(7) any offense under Subchapter B, Chapter 43,

depicting or involving conduct by or directed toward a child

younger than 18 years of age;

(8) any felony offense under Chapter 32;

(9) any offense under Chapter 36;

(10) any offense under Chapter 34, 35, or 35A;

(11) any offense under Section 37.11(a);

(12) any offense under Chapter 20A;

(13) any offense under Section 37.10;

(14) any offense under Section 38.06, 38.07, 38.09, or

38.11;

(15) any offense under Section 42.10;

(16) any offense under Section 43.235;

(17) any offense under Section 46.06(a)(1) or 46.14;

(18) [(17)] any offense under Section 20.05, 20.06, or

20.07;

(19) [(18)] any offense under Section 16.02;

(20) [(19)] any offense punishable under Section

42.03(d) or (e);

(21) [(19)] an offense under Section 28.03 that is

punishable under Subsection (b)(4)(E) of that section;

(22) [(20)] an offense under Section 31.21 that is

punishable under Subsection (d) of that section; [or]

(23) [(20)] any offense classified as a felony under

the Tax Code; or

(24) [(21)] any offense under Section 545.420,

Transportation Code.

SECTION 4. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 5. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 20 passed the Senate on

March 12, 2025, by the following vote: Yeas 31, Nays 0; and that

the Senate concurred in House amendment on May 26, 2025, by the

following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 20 passed the House, with

amendment, on May 22, 2025, by the following vote: Yeas 139,

Nays 0, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor