A new Texas law that took effect this month criminalizes the possession, promotion or production of obscene visual material that appears to depict children, including artificial intelligence-generated images and animated depictions.
Senate Bill 20, authored by Republican Sen. Pete Flores, creates a new offense in the state penal code aimed at closing what supporters call a loophole in child exploitation laws. The measure makes it a state jail felony to knowingly access or distribute obscene material that appears to show a person under 18 engaged in sexual conduct. Penalties escalate to second- or third-degree felonies for repeat offenders.
Supporters of the law say it addresses the rise of computer-generated child sexual abuse material that previously fell outside existing statutes.
“We have to adapt our laws to protect children in the digital age,” Flores said when the measure advanced earlier this year.
But critics warn the law’s language is vague and could be used to target artistic works. The statute applies to any image that “appears to depict” a minor, raising concerns among artists, manga creators and anime enthusiasts who fear certain content could fall under the ban.
First Amendment advocates also note the law could be challenged in court, citing U.S. Supreme Court precedent that struck down similar federal provisions in 2002. The Texas Public Radio network reported that vendors at anime conventions have already begun removing material they fear might draw legal scrutiny.
Gov. Greg Abbott signed SB 20 into law earlier this year, and it became effective Sept. 1 alongside more than 800 new state laws. Legal experts expect the measure to face tests in the courts as prosecutors begin to apply its provisions.