Texas Senate committee advances bills targeting AI-generated child exploitation and loopholes in child protection laws

The Texas Senate Committee on Criminal Justice took action Tuesday on legislation aimed at combating child exploitation in the digital age and closing legal loopholes that critics argue have allowed harmful materials to reach minors.

The committee heard testimony on multiple bills, including those addressing artificial intelligence (AI)-generated sexual content involving minors and long-standing exceptions in state law that provide legal defenses for distributing explicit materials to children under certain circumstances.

Tackling AI-Generated Exploitation

Committee Chair Pete Flores (R-Pleasanton) opened the hearing by outlining the focus on AI-generated child sexual abuse material, deepfakes, and affirmative defense provisions in current law.

Senate Bill (SB) 20, authored by Flores, seeks to amend the Texas Penal Code to criminalize the possession or promotion of AI-generated material that “appears to depict a child under 18 engaging in certain activities.” If passed, offenders could face state jail felony charges, with penalties increasing for repeat offenses.

Additionally, SB 1621, introduced by Sen. Joan Huffman (R-Houston), specifically addresses AI-generated sexual depictions of children, further strengthening legal protections against emerging digital threats.

Closing Legal Loopholes in Child Protection

However, much of the debate focused on SB 412, filed by Sen. Mayes Middleton (R-Galveston), which would eliminate affirmative defense claims for providing pornographic material to minors or involving them in sexual performances for educational, medical, psychological, or psychiatric purposes.

Middleton emphasized that these exemptions have been misused, allowing explicit materials to remain accessible to children under the guise of education or research.

“An increasing concern by parents has encouraged this call to action to close huge affirmative defense loopholes,” Middleton stated, arguing that the existing defense is “overly broad and not sufficient for protecting children.”

Sen. Juan “Chuy” Hinojosa (D-McAllen) raised concerns about potential impacts on legitimate educational materials, but Middleton assured that Texas law already defines obscene materials and that the bill would not conflict with state education standards.

“Under what scenario under the sexual performance of a child would it be okay, for educational reasons, to talk about bestiality or sadomasochism? Why would that ever be okay?” Middleton questioned.

Under SB 412, only law enforcement and judicial officers performing official duties would retain an exception.

Middleton cited statistics indicating that in the past year, approximately 300 people were arrested for offenses related to these exemptions, but only 60 were charged, reinforcing the argument that the legal loophole has hampered law enforcement efforts.

Concerns from Advocacy Groups

Supporters of the bill argue that school districts have used existing exemptions to justify providing children with explicit materials.

Shannon Ayres of Citizens Defending Freedom testified that school officials have used these legal defenses to retain books and materials that some parents find inappropriate.

“I’ve personally sat in school board meetings where administrators, board members, and their lawyers smugly cite these educational exemptions to justify keeping materials they themselves say are harmful and obscene,” Ayres said.

Opponents of SB 412, however, warned that removing the affirmative defense could have unintended consequences.

Sarah Warblow raised concerns that the bill could impact art history professors teaching courses with classical nude artwork, psychiatrists treating young abuse survivors, and even bookstores that carry certain materials.

“By carving out these educational standards, medical, psychology, as well as psychiatry and scientific [exemptions], it is creating a dynamic in which a professor of art history would have to be concerned about their curriculum, because they may have a 17-year-old in their class,” Warblow argued.

National advocacy group EveryLibrary has flagged SB 412 and similar legislation as potential efforts to “criminalize libraries.”

Committee Moves Bills Forward

Despite opposition from some quarters, the committee voted unanimously (6-0) to approve SB 412, along with SB 20 and SB 1621. The committee also passed two additional bills, SB 441 and SB 442, introduced by Sen. Hinojosa, which establish further civil and criminal penalties for distributing sexually explicit materials.

With the committee’s approval, the bills will now advance to the full Senate for further consideration.