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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB1621

Regular Session

Relating to prosecution and punishment of certain criminal offenses prohibiting sexually explicit visual material involving depictions of children, computer-generated children, or other persons; creating criminal offenses; increasing criminal penalties.

Government Affairs & Regulatory Compliance Analysis

SB1621: Government Affairs Overview

SB1621 creates a new class of criminal liability for AI-generated depictions of minors ("computer-generated children") and imposes severe penalty enhancements for employees of child-care facilities and schools. The law shifts the culpability standard to "should have known," effectively removing willful ignorance as a defense for organizations that provide digital networks or devices where such material is stored or displayed.

Sen. Joan Huffman·Senate Bill·Regular Session

Critical
Low Cost
Effective:2025-09-01

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SB1621
Critical
Relating to prosecution and punishment of certain criminal offenses prohibiting sexually explicit visual material involving depictions of children, co...
Critical Compliance Urgency
Requires immediate attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
District AttorneysLocal Law Enforcement AgenciesTexas Department of Criminal Jus...
Primary Author: Sen. Joan Huffman
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: August 31, 2025 (All network filters, AUP updates, and employee acknowledgments must be active prior to the effective date to prevent "continuing offense" liability).
  • Agency Rulemaking: No specific agency rulemaking is mandated; however, judicial interpretation will rapidly define the "virtually indistinguishable" standard. Expect guidance from the Texas District & County Attorneys Association regarding prosecution standards in late 2025.

Immediate Action Plan

  • 1. Audit School Libraries: Physically and digitally inspect all library terminals and catalogs for potential access to AI-generation tools or repositories.
  • 2. Update Acceptable Use Policies (AUP): Explicitly ban the use of AI tools to generate images of humans on company/school hardware.
  • 3. Implement "Zero Trust" on Devices: Restrict administrative rights on devices used by child-care employees to prevent the installation of unauthorized storage or generation software.
  • 4. Issue Staff Advisory: Send a formal memorandum to all employees explaining that possession of AI-generated CSAM on work devices is now a felony offense with enhanced penalties for their profession.

Operational Changes Required

Contracts

  • IT/Network Vendor Agreements: Renegotiate Service Level Agreements (SLAs) with web filtering providers. Contracts must include indemnification if the vendor fails to block known AI-generation sites, specifically regarding the "display" of material in school libraries.
  • Employment Agreements: Revise "Termination for Cause" clauses for youth-serving roles. Ensure that "possession of prohibited digital material (real or AI-generated)" is grounds for immediate termination without the requirement of a criminal conviction.

Hiring/Training

  • HR Policy Update: The "Romeo and Juliet" defense (actor is not more than 2 years older than the child) is removed for material depicting actual children. Update sexual harassment and conduct training to reflect this stricter standard.
  • Staff Training: Conduct mandatory training for IT and Library staff on the new definition of "visual material," which now includes "any file in any digital format." Staff must understand that "it's just AI/fake" is no longer a legal defense against possession charges.

Reporting & Record-Keeping

  • Network Filtering Logs: Maintain immutable logs of blocked access attempts. In a negligence claim ("should have known"), these logs are your primary evidence that reasonable preventative steps were taken.
  • Chain of Custody for Deletion: If prohibited material is discovered, you must document the exact time of discovery and time of destruction. The law provides a defense for administrators only if material is destroyed within an "appropriate period."

Fees & Costs

  • Budget Impact: Allocate funds for advanced AI-detection software and enhanced network firewalls.
  • Insurance Review: Consult brokers regarding Employment Practices Liability (EPLI) and Cyber Liability exclusions. Standard policies often exclude criminal acts; ensure you have coverage for defense costs related to "negligent supervision" allegations.

Strategic Ambiguities & Considerations

  • "Virtually Indistinguishable": The statute defines a computer-generated child as one that "to a reasonable person is virtually indistinguishable from an actual child." This is a subjective standard decided by a jury. Guidance: Adopt a conservative enforcement policy—if it looks like a minor, treat it as a minor.
  • "Caused to be Displayed": It is unclear if a school library providing an unfiltered internet connection constitutes "causing" material to be displayed. Guidance: Until case law clarifies, assume strict liability applies and filter aggressively.
  • "Appropriate Period": The safe harbor for destroying material requires action within an "appropriate period," which is undefined. Guidance: Define this internally as "immediately upon verification, not to exceed 24 hours."

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 25, 2025
Passed Senate
Mar 12, 2025
Passed House
May 23, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsArtificial IntelligenceCrimesCrimes--against PersonsCrimes--against Persons--sexualCriminal ProcedureCriminal Procedure--generalMinorsMinors--crimes AgainstComputers & SoftwarePornographyVideotape & FilmCriminal Procedure--sentencing & Punishment
03

Senate Authors

Sen. Joan HuffmanRepublican · Primary Author
Joint Authors
Coauthors (4)

House Sponsors

Rep. Phil KingRepublican · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

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View bill text in multiple formats on Texas Legislature website

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Quick Reference

Frequently Asked Questions

Common questions about SB1621

Q

What does Texas SB1621 do?

SB1621 creates a new class of criminal liability for AI-generated depictions of minors ("computer-generated children") and imposes severe penalty enhancements for employees of child-care facilities and schools. The law shifts the culpability standard to "should have known," effectively removing willful ignorance as a defense for organizations that provide digital networks or devices where such material is stored or displayed.

Q

Who authored SB1621?

SB1621 was authored by Texas Senator Joan Huffman during the Regular Session.

Q

When was SB1621 signed into law?

SB1621 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB1621?

SB1621 is enforced by District Attorneys, Local Law Enforcement Agencies and Texas Department of Criminal Justice.

Q

How significant are the changes in SB1621?

The regulatory priority for SB1621 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB1621?

The cost impact of SB1621 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1621 address?

SB1621 addresses topics including artificial intelligence, crimes, crimes--against persons, crimes--against persons--sexual and criminal procedure.

Q

What are the key dates for SB1621?

Key dates for SB1621: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Q

What are the penalties under SB1621?

SB1621 establishes the following penalties: criminal penalty of State Jail Felony (180 days to 2 years) for Possession or access with intent to view visual material depicting a computer-generated child (AI) engaging in sexual conduct.; criminal penalty of 3rd Degree Felony (2 to 10 years) for Possession of AI-generated material with prior conviction OR possession of 10-49 images.; criminal penalty of 2nd Degree Felony (2 to 20 years) for Possession of AI-generated material with 2+ prior convictions OR possession of 50+ images.. Consult with legal counsel for specific applicability to your situation.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026