TX HB 2700 — AI/Altered CSAM

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))

Status
In effect
Took effect
September 1, 2023
Applies to
Any person; the law defines conduct that is criminally prohibited rather than imposing duties on a regulated industry.
Enforced by
Texas county and district attorneys; Texas law enforcement (criminal prosecution).

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.

Who is protected: Minors (real, identifiable children whose likeness is used in sexually explicit altered or AI-generated imagery).

Legal 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.

Key facts

JurisdictionTexas
LevelState
StrengthLimited
EnactedJune 12, 2023
CitationTex. Penal Code (child sexual abuse material provisions) (HB 2700, 88th Leg., R.S. (2023))
Private right of actionNo, agency enforcement only
PenaltiesNo 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.
Topicschildren's online safety · AI-generated images · deepfakes
Bill textTexas Legislature Online — HB 2700 (88R) Bill History

More AI rules in Texas

Related children's online safety rules elsewhere

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