SB20 - Relating to the creation of the criminal offense of possession, promotion, or production of certain obscene visual material appearing to depict a child.

      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);      & [Text truncated for display. 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