(Texas Scorecard) – Texas House lawmakers passed a measure creating criminal penalties for possession or promotion of obscene visual material that appears to depict a child under 18 years old.
The penalty will apply regardless of whether the depiction is of a real child, a cartoon, animation, or an image generated by artificial intelligence or other computer software.
Senate Bill 20 by State Sen. Pete Flores (R–Pleasanton)—a priority of Lt. Gov. Dan Patrick—makes it illegal to knowingly possess, access with intent to view, or promote such material, with penalties starting as a state jail felony.
Penalties increase to a third-degree felony for a first repeat offense and a second-degree felony for two or more prior convictions under this or related statutes.
State Rep. Giovanni Capriglione (R–Southlake), when laying out the bill in the House, said, “This legislation ensures that Texas remains at the forefront of digital protection by acknowledging the real-world dangers of digital exploitation.”
Capriglione offered an amendment, which was adopted, specifying that images of children used to train an artificial intelligence model to create child sexual abuse material are also considered child pornography.
SB 20 passed the House by a vote of 139-0.
The bill now heads to the governor’s desk for final approval. If approved, the bill will take effect September 1, 2025.