SB 20 seeks to create a new criminal offense under Section 43.235 of the Texas Penal Code, criminalizing the possession, access, or promotion of obscene visual material that appears to depict a child under 18 years of age in sexually explicit conduct. The law applies regardless of whether the depiction is an actual child, an animation, or an AI-generated image. The bill establishes a state jail felony for first-time offenders, with enhanced penalties for repeat offenders, escalating to a second-degree felony for those with two or more prior convictions.
Additionally, SB 20 amends Section 71.02(a) of the Penal Code, adding this offense to the list of crimes eligible for prosecution under Texas’s organized criminal activity statutes, allowing for stricter penalties when the crime is committed as part of a criminal enterprise. This provision is designed to combat the distribution of such material by online groups and organized networks.
The bill aims to modernize Texas law to address technological advancements in artificial intelligence and digital media, ensuring that AI-generated child exploitation materials are treated with the same severity as real images. By doing so, it reinforces child protection laws, individual responsibility, and public safety without infringing on legitimate free speech protections. SB 20 is a targeted, necessary expansion of existing obscenity laws to combat the evolving threats of digital exploitation.