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Texas Penal Code

§ 43.235 — POSSESSION, PROMOTION, OR PRODUCTION OF CERTAIN VISUAL MATERIAL APPEARING TO DEPICT CHILD

PE § 43.235Title 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY · Ch. 43. PUBLIC INDECENCY · Art. B. OBSCENITY

Statute text

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(a)In this section:
(1)"Promote" has the meaning assigned by Section 43.25.
(2)"Visual material" has the meaning assigned by Section 43.26.
(b)A person commits an offense if the person:
(1)knowingly possesses, accesses with intent to view, or promotes obscene visual material containing a depiction that appears to be of a child younger than 18 years of age engaging in activities described by Section 43.21(a)(1)(B), regardless of whether the depiction is an image of an actual child, a cartoon or animation, or an image created using an artificial intelligence application or other computer software; or
(2)uses an image of an actual child younger than 18 years of age at the time the image was made with the intent to train an artificial intelligence model to produce visual material constituting child pornography under Section 43.26.

Legislative history

Added by Acts 2025, 89th Leg., R.S., Ch. 756 (S.B. 20), Sec. 1, eff. September 1, 2025.