bill extending child image offenses to artificial intelligence images

The text as introduced · 700 words

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.