Artificial intelligence (AI) has been making headlines in recent years. As with any new technology, there are both pros and cons to AI.
AI technology makes it possible for individuals to create what are called “deep fake” videos and photos. Deep fake creators take an existing visual image of a person and manipulate it.
The technology exists that allows images of minors to be manipulated into child pornography.
Because of this emerging technology, laws have been amended. Texas House Bill 2700 made AI generated child pornography illegal.
AI Child Sex Abuse Imagery
The reasoning behind Texas H.B. 2700 is listed in the bill’s statement of intent:
“With the advancement of technology comes new crimes that state law may not be able to address within the current construction of a given statute.
Specifically, in the case of deepfake technology and artificial intelligence, allowing individuals to create sexually explicit visual material of another person, the state must now take action in order to combat predators who create explicit visual material involving minors.
H.B. 2700 seeks to address this issue by clarifying the conduct that constitutes certain criminal offenses involving sexually explicit visual material of a minor or a child younger than 18 years of age.”
The passage of Texas House Bill 2700 amends three sections of the Texas Penal Code.
Section 43.26. Possession Or Promotion Of Child Pornography
House Bill 2700 amended Section 43.26 of the Texas Penal Code to include the following language:
“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 43.261. Electronic Transmission Of Certain Visual Material Depicting Minor.
House Bill 2700 also amended Section 43.261 of the Texas Penal Code by adding the following language:
“(b-1) Provides that for purposes of conduct prohibited under Subsection (b) (relating to providing that a person who is a minor commits an offense if the person intentionally or knowingly meets certain criteria involving visual material depicting a minor, including the actor, engaging in sexual conduct), 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 43.262. Possession Or Promotion Of Lewd Visual Material Depicting Child
Lastly, Texas HB 2700 amended Section 43.262 of the Texas Penal Code, by adding the following language:
“(b-1) Provides that for purposes of conduct prohibited under Subsection (b) (relating to providing that a person commits an offense if the person knowingly possesses, accesses with intent to view, or promotes visual material that meet certain criteria), 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.”
Texas House Bill 2700: FAQs
Below are some of the most frequently asked questions about Texas H.B. 2700 and computer-generated images of child pornography. This information is a general overview of the law. If you are facing allegations or criminal charges, this information is not a substitute for consulting an attorney about your specific case.
Did Texas H.B. 2700 pass into law?
Yes. Both the Texas House and Senate passed House Bill 2700 in May 2023. The law took effect later that year.
What is “deep fake” child pornography?
Generally speaking, the term “deep fake” refers to altering existing images via artificial intelligence (AI).
“Deep fake” gets its name from another term, “deep learning,” which refers to machine learning that involves several processes.
Several sources say that the term “deep fake” first appeared on social media platform Reddit around 2017.
Deep fake child pornography is created when someone uses this technology to alter images of a minor to portray sexual conduct.
Is AI generated child pornography illegal?
In 2023, the passage of H.B. 2700 amended Sections 43.26, 43.261, and 43.262 of the Texas Penal Code.
That new language does make it a crime to alter an image of a minor to make it appear that the minor is engaging in sexual conduct.
Can you go to jail for watching deep fake child pornography?
That depends on what criminal charges you face, and the outcome of your case.
Know that in Texas, the penalties for possession or promoting AI child pornography are based, in part, on the number of images/videos in question. Knowingly possessing just one image is a felony.
AI Child Pornography Defense Attorney in Plano, Texas
Attorney Kent Starr routinely defends individuals facing serious felony charges, including allegations of deep fake child pornography.
Many criminal defense attorneys’ default strategy for tough cases is to push for a plea bargain. These attorneys are often inexperienced at going to trial, or just plain lazy.
Attorney Starr has the same goal as you, and that is to pursue the best possible outcome for your case. If bringing your case in front of a judge or jury is in your best interest, he has the skills, determination, and resources to do so, no matter how long that takes.
Feel free to watch past client testimonials and read through past client reviews. You will see why Attorney Starr has a 5-star Google rating.
In addition to having hundreds of positive client reviews, Attorney Starr is also a bail bonds attorney. If you are in jail, one call to Starr Law, P.C. can start your legal representation and secure your release.
Resources
Texas Penal Code, Chapter 43. Public Indecency
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