Bill strikes “knowingly or intentionally” from the child pornography offense

The text as introduced · 466 words

89R6231 JRR-F

By: Schatzline
H.B. No. 1653

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the criminal offense of possession

or promotion of child pornography.

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

SECTION 1. Sections 43.26(a) and (e), Penal Code, are

amended to read as follows:

(a) A person commits an offense if[ :

[ (1) ] the person [ knowingly or intentionally ]

possesses, or [ knowingly or intentionally ] accesses with intent to

view, visual material that visually depicts a child younger than 18

years of age at the time the image of the child was made who is

engaging in sexual conduct, including a child who engages in sexual

conduct as a victim of an offense under Section 20A.02(a)(5), (6),

(7), or (8)[ ; and

[ (2) the person knows that the material depicts the

child as described by Subdivision (1) ].

(e) A person commits an offense if[ :

[ (1) ] the person [ knowingly or intentionally ]

promotes or possesses with intent to promote material described by

Subsection (a) [ (a)(1); and

[ (2) the person knows that the material depicts the

child as described by Subsection (a)(1) ].

SECTION 2. Article 38.45(a), Code of Criminal Procedure, is

amended to read as follows:

(a) During the course of a criminal hearing or proceeding,

the court may not make available or allow to be made available for

copying or dissemination to the public property or material:

(1) that constitutes child pornography, as described

by Section 43.26(a) [ 43.26(a)(1) ], Penal Code;

(2) the promotion or possession of which is prohibited

under Section 43.261, Penal Code; or

(3) that is described by Section 2 or 5, Article

38.071, of this code.

SECTION 3. Article 39.15(a), Code of Criminal Procedure, is

amended to read as follows:

(a) In the manner provided by this article, a court shall

allow discovery under Article 39.14 of property or material:

(1) that constitutes child pornography, as described

by Section 43.26(a) [ 43.26(a)(1) ], Penal Code;

(2) the promotion or possession of which is prohibited

under Section 43.261, Penal Code; or

(3) that is described by Section 2 or 5, Article

38.071, of this 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.