This update to CP law is unconstitutional, as it covers fictitious material without either an obscenity requirement or an affirmative defense (like in federal law) allowing defendants to show the images are either of adults appearing younger or of fictitious minors.
Here is the law: https://legiscan.com/TX/text/SB1621/id/3223032
Just want to clarify that this is limited to photorealistic depictions since a lot of people went crazy before on twitter.
“Depiction of a computer-generated child” means,
with respect to an image of a child contained in visual material, a
depiction:
[…]
that to a reasonable person is virtually indistinguishable from an actual child younger than 18 years of age.
It still needs either an obscenity requirement or an affirmative defense per Ashcroft. It currently does not have those.
This bill has been signed into law. Just an update.
Also, the new obscenity bill including cartoons got signed as well.
For AI-generated images or for all of them?
All of them. AI and cartoons. It has to be obscene though. Just like in federal law
Is it just a copypaste of federal law, then?
Pretty much. It specifies they must be “obscene”.
it might be susceptible to the same attack which nullified the Indiana law. which is what I’m hoping.
Probably. Texas is weird. They banned “obscene devices”, but the circuit encompassing Texas said “not so fast bucko”, and declared that portion of the law unconstitutional.
In other news out of North Korea.. er.. Texas, the Supreme Court upheld the state ban on constitutionally protected free speech, unless you freely hand over your papers to unscrupulous adult websites. FIRE report: FIRE statement on Free Speech Coalition v. Paxton upholding age verification for adult content | The Foundation for Individual Rights and Expression