HB1717 - Relating to prosecution of certain criminal offense prohibiting sexually explicit visual material involving children.

      By: Shofner H.B. No. 1717       A BILL TO BE ENTITLED   AN ACT   relating to prosecution of certain criminal offense prohibiting   sexually explicit visual material involving children.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 43.26, Penal Code, is amended by   amending subsection (b) to read as follows:          (b)  In this section:                 (1)     "Indistinguishable" means when used in respect to   a visual depiction, means virtually indistinguishable, in that   visual depiction is such that an ordinary person viewing the visual   depiction would conclude that the visual depiction is of an actual   minor engaged in a prohibited sexual act.                ( 1 2 )  "Promote" has the meaning assigned by Section   43.25.                ( 2 3 )  "Sexual conduct" has the meaning assigned by   Section 43.25.                ( 3 4 )  "Visual material" means:                      (A)  any film, photograph, videotape, negative,   or slide or any photographic reproduction that contains or   incorporates in any manner any film, photograph, videotape,   negative, or slide; or                      (B)  any disk, diskette, or other physical medium   that allows an image to be displayed on a computer or other video   screen and any image transmitted to a computer or other video screen   by telephone line, cable, satellite transmission, or other method.          SECTION 2.  Section 43.26(i), Penal Code is amended to read   as follows:          (i)  For purposes of conduct prohibited under this section,   visual material to which that conduct applies includes a depiction   of a child:                (1)  who is recognizable as an actual person by the   person's face, likeness, or other distinguishing characteristic,   such as a unique birthmark or other recognizable feature; and   or                (2)  whose image as a child younger than 18 years of age   was used in creating, adapting, or modifying the visual material,   including computer-generated visual material that was created,   adapted, or modified using an artificial intelligence application   or other computer software. is indistinguishable from an actual   minor created by the use of artificial intelligence or other   computer technology capable of processing and interpreting   specific data inputs to create a visual depiction.          SECTION 3.  Section 43.261, Penal Code is amended by   amending Subsection (b-1) to read as follows:          (b-1)  For purposes of conduct prohibited under Subsection   (b), visual material to which that conduct applies includes a   depiction of a minor:                (1)  who is recognizable as an actual person by the   person's face, likeness, or other distinguishing characteristic,   such as a unique birthmark or other recognizable feature; and   or                (2)  whose image as a minor was used in creating,   adapting, or modifying the visual material, including   computer-generated visual material that was created, adapted, or   modified using an artificial intelligence application or other   computer software.   is indistinguishable from an actual minor   created by the use of artificial intelligence or other computer   technology capable of processing and interpreting specific data   inputs to create a visual depiction.          SECTION 4.  Section 43.262, Penal Code, is amended by   amending Subsection (b-1) to read as follows:          (b-1)  For purposes of conduct prohibited under Subsection   (b), visual material to which that conduct applies includes a   depiction of a child:                (1)  who is recognizable as an actual person by the   person's face, likeness, or other distinguishing characteristic,   such as a unique birthmark or other recognizable feature; and or                (2)  whose image as a child younger than 18 years of age   was used in creating, adapting, or modifying the visual material,   including computer-generated visual material that was created,   adapted, or modified using an artificial intelligence application   or other computer software.   is indistinguishable from an actual   minor created by the use of artificial intelligence or other   computer technology capable of processing and interpreting   specific data inputs to create a visual depiction.          SECTION 5.  The changes in law made by this Act apply 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 was committed before that   date.          SECTION 6.  This Act takes effect September 1, 2025.