TX SB 1621: Relating to prosecution and punishment of certain criminal offenses prohibiting sexually explicit visual material involving depictions of children, c…

In one paragraph

Texas's SB 1621 rewrites Penal Code § 43.26. Offenses for sexual material depicting an actual child cover images of a recognizable real child altered with AI or other software. New offenses cover a "computer-generated child": an AI- or software-made depiction appearing to be under 18 that a reasonable person would find virtually indistinguishable from an actual child. Intentionally or knowingly possessing or accessing such material is a state jail felony and promoting it a third-degree felony, with higher grades for prior convictions, volume and depictions appearing under 10. Signed June 20, 2025; effective September 1, 2025.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

No duties for businesses. It makes intentionally or knowingly possessing, accessing or promoting sexual depictions of AI- or software-generated children a felony, alongside restructured offenses for material depicting real children.

Key provisions

1. 1Depiction of a child: a child under 18 when the image was made, or a recognizable actual child whose image as a minor was used to create, adapt or modify the material, including with an AI application or other software. Depiction of a computer-generated child: appears to be under 18, created with an AI application or other software, and virtually indistinguishable to a reasonable person from an actual child under 18
2. 2Actual child (§ 43.26(a-1), (e)): intentionally or knowingly possessing or accessing with intent to view is a third-degree felony; promoting or possessing with intent to promote is a second-degree felony; the person must know or should have known the child was under 18 ("should have known" is new)
3. 3Actual-child grades rise to second- or first-degree felonies for prior convictions, 10-49 or 50+ depictions, depictions of sexual assault of a child (§ 22.011(a)(2)) or children under 10; possession or access is first-degree with 25 to 99 years or life if the actor was an employee of a child-care, residential treatment or state-funded youth facility, received state funds to care for the depicted child, or displayed the material in a school library; some first-degree tiers carry a 15-year minimum
4. 4Computer-generated child (§ 43.26(a-2), (e-1)): intentionally or knowingly possessing or accessing with intent to view is a state jail felony; promoting or possessing with intent to promote is a third-degree felony; applies if the person knows or should have known the depiction appears to be of a child under 18, or believes it is of an actual child
5. 5Computer-generated grades: possession or access rises to third-degree (one prior or 10-49 depictions) or second-degree (two or more priors or 50+ depictions; 10-year minimum if a listed facility employee or school library display), and one category higher if a depiction appears to be under 10; promotion rises to second-degree (a prior, 10+ depictions or one appearing under 10), with a 10-year minimum for 50+
6. 6In actual-child cases the state need not prove the child's identity, and the depiction is presumed (rebuttably) to be of an actual child, not computer-generated. Defenses: good-faith handling by police or school administrators after a § 43.261 report; judicial or police officers on duty; for computer-generated offenses, an actor not more than two years older than the depicted child
7. 7Also extends §§ 43.261 and 43.262 to AI- or software-made depictions virtually indistinguishable from an actual minor, adds digital files to the § 21.16 definition of visual material, updates Code of Criminal Procedure arts. 38.45 and 39.15, and repeals former § 43.26(b)-(d-2) and (i)
8. 8Signed by the Governor June 20, 2025 (Chapter 847); effective September 1, 2025; applies only to offenses committed on or after that date

Latest legislative action

Jun 20, 2025. Signed by the Governor