88R7731 JRR-D     By: Guillen, Noble, Plesa, et al. H.B. No. 2700       A BILL TO BE ENTITLED   AN ACT   relating to prosecution of certain criminal offenses prohibiting   sexually explicit visual material involving children.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 43.26, Penal Code, is amended by adding   Subsection (i) to read as follows:          (i)  For purposes of conduct prohibited under this section,   visual material to which that conduct applies includes a depiction   of a child:                (1)  who is recognizable as an actual person by the   person's face, likeness, or other distinguishing characteristic,   such as a unique birthmark or other recognizable feature; and                (2)  whose image as a child younger than 18 years of age   was used in creating, adapting, or modifying the visual material,   including computer-generated visual material that was created,   adapted, or modified using an artificial intelligence application   or other computer software.          SECTION 2.  Section 43.261, Penal Code, is amended by adding   Subsection (b-1) to read as follows:          (b-1)  For purposes of conduct prohibited under Subsection   (b), visual material to which that conduct applies includes a   depiction of a minor:                (1)  who is recognizable as an actual person by the   person's face, likeness, or other distinguishing characteristic,   such as a unique birthmark or other recognizable feature; and                (2)  whose image as a minor was used in creating,   adapting, or modifying the visual material, including   computer-generated visual material that was created, adapted, or   modified using an artificial intelligence application or other   computer software.          SECTION 3.  Section 43.262, Penal Code, is amended by adding   Subsection (b-1) to read as follows:          (b-1)  For purposes of conduct prohibited under Subsection   (b), visual material to which that conduct applies includes a   depiction of a child:                (1)  who is recognizable as an actual person by the   person's face, likeness, or other distinguishing characteristic,   such as a unique birthmark or other recognizable feature; and                (2)  whose image as a child younger than 18 years of age   was used in creating, adapting, or modifying the visual material,   including computer-generated visual material that was created,   adapted, or modified using an artificial intelligence application   or other computer software.          SECTION 4.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act is governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense was committed before that   date.          SECTION 5.  This Act takes effect September 1, 2023.