In an era where technology continues to evolve rapidly, so too do the methods used by criminals. Texas has taken a significant step to combat the rise of digitally-generated child exploitation material with the new law, Senate Bill (SB) 1621. This legislation, which went into effect on September 1, 2025, is a major overhaul of the state’s existing child pornography statutes, specifically targeting the threats posed by artificial intelligence (AI) and deepfake technology.
How SB 1621 Differs From the Previous Law
Previous Texas law on child pornography primarily focused on visual materials depicting actual children. While the law was effective in its time, it didn’t explicitly address the complexities of AI-generated content. SB 1621 modernizes the legal framework by creating distinct definitions for two types of visual material:
- Depiction of a child – this category now includes not just images of an actual child but also computer-generated images where a recognizable person’s likeness was used to create the material.
- Depiction of a computer-generated child – This is an entirely new category. It specifically targets images that appear to be of a child but were created using AI or other software and are “virtually indistinguishable” from an actual child to a reasonable person.
This change is critical because it closes a potential legal loophole. Prior to SB 1621, a person could argue they were not in possession of child pornography if the material they had was entirely computer-generated and not based on a real, recognizable person. The new law makes it clear that creating, possessing, or promoting highly realistic AI-generated content depicting minors engaging in sexual conduct is a serious crime, regardless of whether a real child was involved in its creation.
Stricter Penalties and Broader Scope
SB 1621 also enhances the penalties and broadens the scope of what is considered a crime. The law now explicitly criminalizes the intentional or knowing possession, or accessing with intent to view, of visual material containing a depiction of a computer-generated child engaging in sexual conduct. This creates a new offense separate from the existing law on materials of actual children.
The new law also raises the penalties for various offenses. For instance, the promotion or possession with intent to promote material involving a computer-generated child can be a second-degree felony with a minimum term of 10 years in prison if the material contains 50 or more depictions. Repeat offenders or those in positions of authority (like a child-care worker) face even tougher sentencing, with potential penalties of life imprisonment for first-degree felonies.
The new legislation also adds provisions that enhance punishment for offenses involving a child under the age of 10, regardless of whether the depiction is of an actual or computer-generated child. Furthermore, the law now specifies that displaying this type of material in a school library can lead to a first-degree felony charge.
The new law sends a powerful message that the state of Texas is committed to protecting children from all forms of exploitation, whether it’s through traditional methods or the latest digital technology.
At the Edgett Law Firm, we have represented people facing charges similar to SB 1621, and we will continue to do so with this new law. Our mission is to defend their rights, protect their future, and guide families through a very difficult time with skill and compassion. If you, or a loved one, was charged with this new law or is under investigation, don’t wait. Call 972-424-0760 to schedule a free consultation.