Relating to Prosecution of Certain Criminal Offenses Prohibiting Sexually Explicit Visual Material Involving Children (HB 2700)
Texas · Tex. Penal Code (child sexual abuse material provisions) (HB 2700, 88th Leg., R.S. (2023))
This Texas law updates the state's child sexual abuse material (CSAM) statutes so they clearly reach images that have been digitally altered or created with computer software, including generative AI, when the image depicts a real, identifiable child. The point is to close a loophole: even if a sexual image of a child was fabricated or edited rather than photographed, it can still be prosecuted under existing child-pornography offenses. The existing criminal penalties for those offenses continue to apply.
Technical detail
HB 2700 (88th Leg., R.S.) amends the Texas Penal Code provisions governing sexually explicit visual material involving children so that 'visual material' includes images created, adapted, or modified by computer software or generative AI that depict a recognizable real child, applying the existing offense and penalty framework.
Who is protected: Minors (real, identifiable children whose likeness is used in sexually explicit altered or AI-generated imagery).
Who must comply: Any person; the law defines conduct that is criminally prohibited rather than imposing duties on a regulated industry.
Key facts
| Jurisdiction | Texas |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2023-09-01 |
| Enacted | 2023-06-12 |
| Citation | Tex. Penal Code (child sexual abuse material provisions) (HB 2700, 88th Leg., R.S. (2023)) |
| Enforced by | Texas county and district attorneys; Texas law enforcement (criminal prosecution). |
| Private right of action | No — agency enforcement only |
| Penalties | No new penalty tier is created; conduct involving altered or AI-generated CSAM is prosecuted under the existing child-pornography offenses and their associated felony penalties. |
| Topics | children's online safety · AI-generated images · deepfakes |
| Last verified | 2026-07-22 |
| Official source | Texas Legislature Online — HB 2700 (88R) Bill History ↗ |
More AI rules in Texas
- TX TDI Bulletin B-0003-26 (AI in insurance) · In effect
- Texas Gov. Abbott data center grid-connection audit freeze · In effect
- Texas SB 6 (Data Center Grid Law) · In effect
- TX SB 2205 (2017 AV statute) · In effect
- TX HB 912 (2013 drone privacy) · In effect
- TX SB 1361 — Deepfake Intimate Video · In effect
Related children's online safety rules elsewhere
- PA v. Character.AI (Fake Psychiatrist Chatbot) · Blocked / in litigation
- RI AI Companion Self-Harm Safety (2026) · In effect
- Kids Internet and Digital Safety Act (KIDS Act) (H.R. 7757) · Proposed / pending
- Washington HB 2225 (AI chatbot disclosure, minor protections, crisis protocols) · Enacted (not yet in effect)
- Oregon SB 1546 (AI companion chatbot disclosure + private right of action) · Enacted (not yet in effect)
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
See something wrong or out of date? Submit a correction — every entry must carry a verifiable official source.