Relating to the Creation of the Criminal Offense of Possession, Promotion, or Production of Certain Obscene Visual Material Appearing to Depict a Child (SB 20)
Texas · Tex. Penal Code Sec. 43.262 (SB 20, 89th Leg., R.S. (2025))
This law creates a new Texas crime for possessing, accessing with intent to view, promoting, or producing obscene visual material that appears to depict a child under 18 engaged in sexual conduct. It applies whether the depiction is of a real child, a cartoon or animation, or an image generated by AI or other computer software. Using a real child's image to train an AI system to produce such material is also covered. Offenses are felonies, with higher penalties for repeat offenders.
Technical detail
SB 20 (89th Leg., R.S.) creates a Penal Code offense for knowingly possessing, accessing with intent to view, promoting, or producing obscene visual material that appears to depict a child under 18 in sexual conduct regardless of whether the depiction is of a real child or is generated by AI or other software; a first offense is a state jail felony, escalating to a second-degree felony for offenders with two or more prior convictions.
Who is protected: Minors and children depicted in obscene material, including AI-generated or otherwise fabricated depictions.
Who must comply: Any person; the statute defines prohibited criminal conduct.
Key facts
| Jurisdiction | Texas |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2025-09-01 |
| Enacted | 2025-06-20 |
| Citation | Tex. Penal Code Sec. 43.262 (SB 20, 89th Leg., R.S. (2025)) |
| Enforced by | Texas county and district attorneys; Texas law enforcement (criminal prosecution). |
| Private right of action | No — agency enforcement only |
| Penalties | State jail felony for a first offense; enhanced to a higher felony level for repeat offenders, escalating to a second-degree felony for a person with two or more prior convictions under the section. |
| Topics | children's online safety · AI-generated images |
| Last verified | 2026-06-16 |
| Official source | Texas Legislature Online — SB 20 (89R) Bill History ↗ |
More AI rules in Texas
- TRAIGA · In effect
- TDPSA · In effect
- TX HB 2700 — AI/Altered CSAM · In effect
- TX SB 1361 — Deepfake Intimate Video · In effect
- TX SB 1621 — AI CSAM Rewrite · In effect
- TX HB 581 — AI Sexual Material Age Verification · In effect
Related children's online safety rules elsewhere
- TAKE IT DOWN Act · In effect
- COPPA + 2025 Rule (childrens data) · In effect
- AI Companion Safeguards Law · In effect
- CT SB 5 (2026 AI Act) · Enacted (not yet in effect)
- SB 1546 (OR Chatbot Safety) · Enacted (not yet in effect)
- SB 540 (GA Chatbot Safety) · Enacted (not yet in effect)
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