TX SB 20 — Obscene Material Depicting a Child
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))
- Status
- In effect
- Took effect
- September 1, 2025
- Applies to
- Any person; the statute defines prohibited criminal conduct.
- Enforced by
- Texas county and district attorneys; Texas law enforcement (criminal prosecution).
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.
Who is protected: Minors and children depicted in obscene material, including AI-generated or otherwise fabricated depictions.
Legal 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.
Key facts
| Jurisdiction | Texas |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | June 20, 2025 |
| Citation | Tex. Penal Code Sec. 43.262 (SB 20, 89th Leg., R.S. (2025)) |
| 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 |
| Bill text | Texas Legislature Online — SB 20 (89R) Bill History |
More AI rules in Texas
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- Texas HB 3512 government AI training mandate (2025) · In effect
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- Texas Abbott halt on state funding for Flock cameras (2026) · In effect
- Texas AG data center water-reporting investigation (2026) · 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) · Enacted (not yet in effect)
- Kids Internet and Digital Safety Act (KIDS Act) (H.R. 7757) · Proposed / pending
- 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
- Blanchester OH schools AI policy EDEC (Jun. 29, 2026) · In effect
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