Bill > HB1653

This bill modifies Texas law regarding child pornography offenses by removing the requirements of "knowingly or intentionally" from the language describing possession and promotion of child pornographic material, effectively simplifying the legal standard for prosecuting these crimes. The bill changes Section 43.26 of the Penal Code to eliminate the previous two-part test that required both possession of visual material depicting a child under 18 engaging in sexual conduct and knowledge that the material depicts such a child. Additionally, the bill updates related sections of the Code of Criminal Procedure to reference the modified Penal Code section, ensuring consistency in how child pornography materials are handled during criminal proceedings and discovery. The changes will apply only to offenses committed on or after the effective date of September 1, 2025, meaning prior offenses will be governed by the law as it existed at the time of the offense. By removing the "knowingly or intentionally" qualifiers, the bill appears to lower the legal threshold for prosecuting child pornography offenses, potentially making it easier to bring charges in such cases.

Justice

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1653