All Roll Calls
Yes: 355 • No: 1
TexasSB 162189th Legislature Regular SessionSenate
Relating to prosecution and punishment of certain criminal offenses prohibiting sexually explicit visual material involving depictions of children, computer-generated children, or other persons; creating criminal offenses; increasing criminal penalties.
Sponsored By: Caroline Fairly, Pete Flores (Republican), Juan "Chuy" Hinojosa (Democratic), Joan Huffman (Republican), Phil King (Republican), Tan Parker (Republican)
Signed by Governor
Artificial IntelligenceCrimes--Against Persons--SexualCriminal Procedure--GeneralCriminal Procedure--Sentencing & PunishmentMinors--Crimes AgainstCOMPUTERS & SOFTWAREPORNOGRAPHYVIDEOTAPE & FILM
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 2 benefits, 4 costs, 0 mixed.
Felony penalties for realistic computer-generated child images
The law criminalizes knowingly possessing or accessing realistic computer-generated child sexual material to view it, including AI-made images. Covered depictions appear under 18 and are virtually impossible to distinguish from real children. Possession is generally a state jail felony; promoting the material or possessing it to promote it is generally a third-degree felony. Promotion requires knowing or having reason to know the image appears under 18, or believing it shows a real child under 18. For possession, one qualifying prior conviction or 10–49 depictions raises the offense to third degree; two qualifying priors or 50 or more depictions raises it to second degree. For promotion, prior convictions or depiction counts increase penalties; 50 or more depictions carries a second-degree felony and 10-year minimum. Covered employment and school-library settings also raise possession penalties. Images appearing to show children under 10 raise punishment one category, with a 10-year minimum for the covered second-degree possession offense.
Tougher penalties for child sexual material
Knowingly possessing actual-child sexual material, or accessing it to view it, is generally a third-degree felony. Promoting it, or possessing it to promote it, is generally a second-degree felony. The person must know or should have known the child was under 18 when the image was made. Covered images include recognizable real children used in AI-altered material and children subjected to the listed trafficking crimes. For possession, 10–49 depictions raises the offense to second degree; 50 or more raises it to first degree. Prior convictions, children under 10, sexual-assault content, and covered employment, state-funding, or school-library settings also increase penalties. Some first-degree possession cases carry 25 years to life; promotion involving 50 or more depictions or listed sexual-assault content can carry a 15-year minimum. The law applies to offenses committed on or after September 1, 2025; prior law governs offenses with any earlier element.
Close-age defense for computer-generated image charges
The law creates an affirmative defense for possession, access to view, and promotion charges involving computer-generated child sexual material. The person must have been no more than two years older than the depicted child when the offense occurred. This defense does not extend to the actual-child offenses.
Legal defenses for officials handling prohibited images
Law enforcement officers and school administrators have a good-faith defense when handling material solely because of an allegation under the youth sexual-image law. They must limit other staff members' access to what is appropriate. They must also take reasonable steps to destroy the material within an appropriate period. Judicial and law enforcement officers have a separate affirmative defense when discharging official duties.
Defendants face new child-image proof rules
In actual-child possession, viewing, and promotion cases, prosecutors do not have to prove the depicted child's identity. The law also presumes the image shows a real child rather than a computer-generated child. Defendants can challenge that presumption with evidence.
Unlawful image-sharing rules cover digital files
The law expressly includes displayable digital image files in the visual material covered by unlawful-disclosure offenses. This includes any digital format that allows an image to appear on a computer or other video screen. People who unlawfully disclose these files are covered by those offenses.
Sponsors & Cosponsors
Sponsors
Caroline Fairly
House
Pete Flores
Republican • Senate
Juan "Chuy" Hinojosa
Democratic • Senate
Joan Huffman
Republican • Senate
Phil King
Republican • Senate
Tan Parker
Republican • Senate
Cosponsors
Carol Alvarado
Democratic • Senate
Brent Hagenbuch
Republican • Senate
Bob Hall
Republican • Senate
Lois Kolkhorst
Republican • Senate
Roll Call Votes
Senate vote • 5/28/2025
Record vote
Yes: 0 • No: 0
House vote • 5/23/2025
Record vote
Yes: 139 • No: 0
House vote • 5/22/2025
Record vote
Yes: 141 • No: 0
Senate vote • 3/12/2025
Record vote
Yes: 31 • No: 0
Senate vote • 3/12/2025
Record vote
Yes: 31 • No: 0
House vote • Unknown
Committee vote: Criminal Jurisprudence
Yes: 6 • No: 1
Senate vote • Unknown
Committee vote: Criminal Justice
Yes: 7 • No: 0
Actions Timeline
Effective on 9/1/25
6/20/2025HouseSigned by the Governor
6/20/2025HouseSent to the Governor
6/1/2025HouseSigned in the House
6/1/2025HouseSigned in the Senate
5/31/2025SenateReported enrolled
5/29/2025SenateSenate concurs in House amendment(s)-reported
5/29/2025HouseRecord vote
5/28/2025SenateSenate concurs in House amendment(s)
5/28/2025SenateRead
5/28/2025SenateHouse amendment(s) laid before the Senate
5/28/2025SenateHouse passage as amended reported
5/23/2025SenateStatement(s) of vote recorded in Journal
5/23/2025HouseRecord vote (RV#3372)
5/23/2025HousePassed
5/23/2025HouseRead 3rd time
5/23/2025HouseStatement(s) of vote recorded in Journal
5/22/2025HouseRecord vote (RV#3296)
5/22/2025HousePassed to 3rd reading as amended
5/22/2025HouseAmended (1-Fairly, Virdell, and Little)
5/22/2025HouseRead 2nd time
5/22/2025HousePlaced on General State Calendar
5/22/2025HouseConsidered in Calendars
5/20/2025HouseCommittee report sent to Calendars
4/29/2025HouseCommittee report distributed
4/28/2025House
Bill Text
Engrossed
Enrolled
House Committee Report
Introduced
Senate Committee Report
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