TX SB 20: Relating to the creation of the criminal offense of possession, promotion, or production of certain obscene visual material appearing to depict a child.

In one paragraph

Texas's SB 20 adds Penal Code § 43.235. It is a crime to knowingly possess, access with intent to view, or promote obscene visual material containing a depiction that appears to be of a child under 18 engaging in conduct described in the obscenity statute, whether it shows an actual child, a cartoon or animation, or an image made with AI or other software. Using an image of an actual child under 18 with intent to train an AI model to produce child pornography is also an offense. It is a state jail felony; third-degree with one prior conviction, second-degree with two or more. 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 criminalizes possessing, accessing or promoting obscene material appearing to depict a minor, including AI-generated images and cartoons, and using real children's images to train AI models to produce child pornography.

Key provisions

1. 1§ 43.235(b)(1): knowingly possessing, accessing with intent to view, or promoting obscene visual material containing a depiction that appears to be of a child younger than 18 engaging in conduct described by § 43.21(a)(1)(B), whether the depiction is of an actual child, a cartoon or animation, or an image created with an AI application or other computer software
2. 2§ 43.235(b)(2): using an image of an actual child who was younger than 18 when the image was made with the intent to train an AI model to produce visual material that is child pornography under § 43.26
3. 3State jail felony; third-degree felony with one prior conviction under § 43.235, 43.23, 43.26, 43.261 or 43.262; second-degree felony with two or more such prior convictions
4. 4"Promote" and "visual material" have their meanings in §§ 43.25 and 43.26; conduct that also violates another law may be prosecuted under § 43.235, the other law, or both
5. 5Sentences for multiple § 43.235 convictions from the same criminal episode may run consecutively (§ 3.03(b)); § 43.235 offenses are added to the predicate offenses for engaging in organized criminal activity (§ 71.02(a))
6. 6Signed by the Governor June 20, 2025 (Chapter 756); effective September 1, 2025; applies only to offenses committed on or after that date

Latest legislative action

Jun 20, 2025. Signed by the Governor