H.B. No. 1810
 
 
 
 
AN ACT
  relating to the creation of the offense of possession or promotion
  of lewd visual material depicting a child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 43, Penal Code, is amended
  by adding Section 43.262 to read as follows:
         Sec. 43.262.  POSSESSION OR PROMOTION OF LEWD VISUAL
  MATERIAL DEPICTING CHILD. (a) In this section:
               (1)  "Promote" and "sexual conduct" have the meanings
  assigned by Section 43.25.
               (2)  "Visual material" has the meaning assigned by
  Section 43.26.
         (b)  A person commits an offense if the person knowingly
  possesses, accesses with intent to view, or promotes visual
  material that:
               (1)  depicts the lewd exhibition of the genitals or
  pubic area of an unclothed, partially clothed, or clothed child who
  is younger than 18 years of age at the time the visual material was
  created;
               (2)  appeals to the prurient interest in sex; and
               (3)  has no serious literary, artistic, political, or
  scientific value.
         (c)  An offense under this section is a state jail felony,
  except that the offense is:
               (1)  a felony of the third degree if it is shown on the
  trial of the offense that the person has been previously convicted
  one time of an offense under this section or Section 43.26; and
               (2)  a felony of the second degree if it is shown on the
  trial of the offense that the person has been previously convicted
  two or more times of an offense under this section or Section 43.26.
         (d)  It is not a defense to prosecution under this section
  that the depicted child consented to the creation of the visual
  material. 
         SECTION 2.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1810 was passed by the House on May 9,
  2017, by the following vote:  Yeas 147, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1810 was passed by the Senate on May
  19, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor