Texas Senate Bill 20
Senate Bill 20 | |
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Texas Legislature | |
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Territorial extent | ![]() |
Enacted by | Texas Senate |
Enacted | May 26, 2025 |
Enacted by | Texas House of Representatives |
Signed by | Greg Abbott |
Signed | June 20, 2025 |
Effective | September 1, 2025 |
First chamber: Texas Senate | |
Bill citation | [1] |
Introduced by | Pete Flores, Brent Hagenbuch, Juan Hinojosa, Joan Huffman, Phil King, and Tan Parker |
Summary | |
Creates new criminal offenses for "obscene visual material" and possession or promotion of "obscene visual material" that appears to depict a child under age 18. | |
Status: Not yet in force |
Texas Senate Bill 20 (S.B. 20), also known as the "Stopping AI-Generated Child Pornography Act"[1] is a 2025 law in the state of Texas that creates new criminal offenses for those who possess, promote, or view visual material deemed obscene, which is said to depict a child, whether it is an actual person, animated or cartoon depiction, or an image of someone created through computer software or artificial intelligence. It was passed by the Texas Legislature on May 28, 2025 unanimously in both chambers. It was signed into law by Governor Greg Abbott on June 20, 2025.[2] It will go into effect on September 1, 2025.[3]
It was authored by Pete Flores[2][4][5] and co-sponsored by Brent Hagenbuch, Juan Hinojosa, Joan Huffman, Phil King, and Tan Parker, as part of a package of legislation in the Texas House and Senate about A.I. and child pornography.[6][7] Some supporters said that the legislation indicated the state's stance against "real-world...digital exploitation" and called it a "common-sense bill" which protected children and the "common good" within the state.[8][9][10]
The bill drew comparisons to language, within Texas state legislation, which aimed to institute state-level book bans.[11] Critics described the law as unconstitutional, saying it violated the Free Speech Clause of the First Amendment which prohibits abridgement of freedom of speech and the press, including the legal precedent set in Ashcroft v. Free Speech Coalition.[12][13] The Comic Book Legal Defense Fund vowed to support those wrongly accused under the law.[14][15] Much of the controversy regarding S.B. 20 involves the broad language pertaining to "obscene" pornographic images as including A.I.-created, animated, and cartoon depictions, with some critics arguing it could have a chilling effect on anime, manga, graphic novels, and other media produced, distributed, or created within Texas.[14][16]
Provisions
[edit]S.B. 20 gives Texas police more provisions to restrict artificial intelligence-created child pornography, creating new criminal charge for possessing material depicting an underage person, under age 18, whether this child is an actual person or not. Those charged with this felony offense could go to state jail, but this could be elevated if the person charged as a prior conviction, of a $10,000 fine and two years in prison.[2][17][13]
Reactions
[edit]Support
[edit]Lieutenant Governor Dan Patrick applauded the unanimous passage of the law in the Texas Senate and called it "a priority" to protect children in Texas, and Texas citizens and thanked Pete Flores for his work on "this important issue."[18][19][20] He later described the bill as part of the "bold, conservative agenda" that the Texas legislature passed during the 2025 legislative session.[21] Phil King, one of the bill's co-sponsors, said that issue of child pornography had "infiltrated" the state's schools and said he was proud that the Texas legislature had "taken decisive action to protect our vulnerable Texans."[22] Another co-sponsor of the legislation, Tan Parker described the law as "decisive action" to protect the children within Texas, and said he looked "forward to advancing this critical legislation" onward from the Texas Senate Criminal Justice Committee.[23] He also described the legislation as "critical" action to protect the state's children from A.I.-generated child pornography and an "effective tool for law enforcement" to crack down on child porn perpetrators.[24][25]
Other supporters, such as police, and prosecutors, called the legislation an "important step" to ensure that images generated with A.I., along with deepfakes, "can't be shared with impunity" and necessary to ensure children's protection.[2][26] Flores told senators that technology which enabled the production of "offensive" material by child predators had "no redeeming value whatsoever" and asserted that the materials had often been "used to groom and abuse children."[27] John Leigh, a co-founder of Anime Matsuri, one of the largest conventions for anime within Texas, reassured those who contacted him, saying that the law is not targeted at anime and manga fans, stated that he supported the legislation, describing it as a step "in the right direction," and said that he didn't believe it would "negatively impact" anime or related art in the state.[28] Also, State Representative Dade Phelan emphasized the legislation's urgency to deal with A.I. and child pornography, adding that they need to "put some guardrails on it to where the public is being taken care of."[29]
The Texas Policy Research Foundation supported the legislation, saying that although it may lead to increased demands on state and local governmental resources, higher costs for local governments, and possible "civil liberty concerns" around online censorship, it represents a "necessary legal update" to address exploitation of children online, while "modernizing enforcement mechanisms" and recommended that lawmakers vote in favor of the law.[7] Additionally, the group Texans for Fiscal Responsibility supported the law, arguing that it strengthened state law, upheld public safety, protected minors, and called it a "common-sense bill" protecting and promoting the "common good," children, and fell within the "proper role" of government.[9] The Texas Public Policy Foundation also expressed their support for the law, A policy director for aforementioned conservative think tank, Zach Whiting, told the Texas Senate Committee on Criminal Justice, on March 4, 2025, that the foundation would assist legislators ans staff to "advance any and all measures to protect kids online" and shared an excerpt from of research paper about threats posed by A.I. in creating "sexually explicit deepfakes of children."[30]
Opposition
[edit]Although the bill passed both chambers unanimously,[31] there were some reports that the bill stalled due to opposition from Democratic lawmakers.[32] Additionally, some individuals expressed concerns about the broad nature of the law's provisions. Anime Matsuri co-founder Deneice Leigh called for the law's wording to be clarified because "artists are anxious about displaying or selling fan art" even if the intention is "not be to penalize creators." She also described the bill as "vague and open to interpretation" as to what would be considered obscene and offensive while noting that the bill isn't aiming to "target artists."[13][15] Benjamin Napier, owner of Mansfield Comics and Manga in Mansfield, Texas, said that at first he felt the law was "ridiculous" and "kind of frivolous" at first, part of a "misguided puritanical onslaught," and noted that he wouldn't cow "to the puritanical regime" if it was enacted.[33] Kirsten Cather, an Asian Studies scholar at University of Texas, expressed concern at the law's misinterpretation because "many anime characters appear youthful, regardless of their actual age," said that the law could "stifle creative expression," and noted that the law's scope is broad enough to have manga and anime under scrutiny, a "real slippery slope here that's being breached."[13][15]
Marcel Green of ScreenRant said that the law's ambiguity led to concerns from manga and anime fans, and theorized that the law's application to a fan within Texas, who downloaded the 368th chapter of My Hero Academia, which has a "sexualized depiction" of an "underage high school student," would result in a criminal offense of "180 days to two years in state jail, along with a fine of up to $10,000." Green also said the law is problematic because many anime and manga characters are young, with many protagonists as minors and argued that the law could apply in limited cases, if state officials deemed an anime or manga under scrutiny as lacking "artistic value."[12] Evan D. Mullicane, on the same site, said the vague wording of the legislation made it "dangerous" for anime such as Dragon Ball and Naruto, and could impact more than hentai, predicting it will be used against more than its "intended target" and be used to censor stories with "young LGBTQIA characters."[16] Another critic on the same site, Carlyle Edmundson, called for anime fans to step up and prevent the law's enactment "for the good of artists and fans everywhere," saying that the legislation was "draconian" and claimed it was the most extreme case of anime and manga censorship in U.S. history.[32]
Nick Valdez of ComicBook said that the legislation could lead to censorship of "many anime and manga projects," like Kill la Kill and The 100 Girlfriends Who Really, Really, Really, Really, Really Love You, becoming a crime, and said that even if the law is enforced in a case-by-case basis, it could lead to a "much larger ban of materials in the state" itself due to the content of certain manga and anime.[34] Vanessa Esguerra of The Mary Sue argued that possession of manga like Beserk and Vagabond, or viewing Dandadan, could be deemed illegal under the law, due to various parts of each of these media, and asserted that viewing and owning certain anime and other media, falling under the law's provisions, within Texas, might put "people behind the slammer."[35] Victoria Luxford of NME said that the law's provisions could put various comics, games, and anime series at risk because many stories depict "underage characters in situations considered violent or otherwise inappropriate from a certain perspective."[36]
Other critics argued that the law's broad wording could inadvertently "criminalize certain forms" of anime, manga, video games, and artistic expression, leading to censorship of creative works.[11][37][38] For instance, legal expert and Comic Book Legal Defense Fund Interim Executive Director Jeff Trexler was also critical of the law. He expressed worry that the legislation "may discourage people from engaging with specific titles, leading to unspoken censorship," guessed that the law may be aiming to "instill fear" rather than enforce it, and argued that the law allows for the "unconstitutional prosecution for possessing certain cartoons or animation."[15][39] After the bill's passage, the Comic Book Legal Defense Fund noted, on social media, that the organization tried to make the bill "align with constitutional standards and to remove the comics reference" while working behind closed doors but that these amendments didn't "work out."[40]
References
[edit]- ^ Witherspoon, Cecil (March 25, 2025). "Texas Senate quickly passes over half of initial legislative priorities". News6. Archived from the original on March 26, 2025. Retrieved July 2, 2025.
- ^ a b c d Perresault, Daniel (June 21, 2025). "Gov. Abbott signs hundreds of bills as Sunday's veto deadline approaches". KVUE. Archived from the original on July 2, 2025. Retrieved July 2, 2025.
- ^ Neas, Cora (March 13, 2025). "Texas Senate passes bills to fight AI-generated sexual images of children, non-consenting adults". KXAN. Archived from the original on April 6, 2025. Retrieved July 2, 2025.
- ^ "TDCAA Legislative Update: Week 8". Texas District and County Attorneys Association. March 7, 2025. Archived from the original on March 13, 2025. Retrieved July 2, 2025.
- ^ Adkinson, Michael (March 15, 2025). "Texas lawmakers move to regulate AI in explicit content, political messaging". CBS Austin. Archived from the original on March 13, 2025.
- ^ Harper, Karen Brooks (May 21, 2025). "Ban on AI-generated child pornography moves toward final passage in Texas". Dallas News. Archived from the original on May 29, 2025. Retrieved July 2, 2025.
- ^ a b "SB 20". Texas Policy Research Foundation. Archived from the original on July 2, 2025. Retrieved July 2, 2025.
- ^ Henry, Syndie (May 26, 2025). "Texas House Approves Bill Criminalizing AI-Generated Child Pornography". Dallas Express. Archived from the original on July 2, 2025. Retrieved July 2, 2025.
- ^ a b "Vote Notice 5.21.2025". Texans for Fiscal Responsibility. May 21, 2025. Archived from the original on June 13, 2025. Retrieved July 2, 2025.
- ^ Mulligan, Ella (March 4, 2025). "Bills filed in Texas Legislature aim to stop AI-generated child pornography". Kens5. Archived from the original on July 2, 2025. Retrieved July 2, 2025.
- ^ a b Barba, Joanna (April 15, 2025). "Artists & Anime Fans Concerned over Texas Senate Bill 20". KLAQ. Archived from the original on May 28, 2025. Retrieved July 2, 2025.
- ^ a b Green, Marcel (March 23, 2025). "A Proposed U.S Law Wants to Ban Lots of Anime, But It Has One Big Problem". Screenrant. Archived from the original on May 6, 2025. Retrieved July 2, 2025.
- ^ a b c d Garcia, Ariana (April 5, 2025). "Could this new law make anime illegal in Texas?". Chron. Archived from the original on June 14, 2025. Retrieved July 2, 2025.
- ^ a b Trexler, Jeff (March 25, 2025). "Legal update: Texas Senate Bill 20". Comic Book Legal Defense Fund. Archived from the original on June 14, 2025. Retrieved July 2, 2025.
- ^ a b c d "Texas Senate Bill 20 sparks global concern in Anime and Manga communities". Times of India. April 11, 2025. Archived from the original on April 24, 2025. Retrieved July 2, 2025.
- ^ a b Mullicane, Evan D. (March 17, 2025). "Anime Censorship Hits New High as Proposed U.S. Law Would Make Watching Some Shows Illegal". Screenrant. Archived from the original on March 17, 2025. Retrieved July 2, 2025.
- ^ Thompson, Olivia (March 19, 2024). "Senate Bill regarding AI-generated child pornography passes senate". KXII. Archived from the original on July 2, 2025. Retrieved July 2, 2025.
- ^ Patrick, Dan (March 12, 2025). "Lt. Gov. Dan Patrick: Statement on the Unanimous Passage of Senate Bill 20 — Stopping AI-Generated Child Pornography". Office of the Lieutenant Governor. Archived from the original on March 17, 2025. Retrieved July 2, 2025.
- ^ Schneider, Andrew (January 29, 2025). "Texas Lt. Gov. Dan Patrick unveils legislative priorities for 2025". Houston Public Media. University of Houston System. Archived from the original on May 23, 2025. Retrieved July 2, 2025.
- ^ Lawrence, Scott (March 12, 2025). "Texas Senate bill would criminalize AI-generated child pornography". KFDM. Archived from the original on March 16, 2025. Retrieved July 2, 2025.
- ^ Rodriguez, Gilbert (June 3, 2025). "Lt. Gov. Dan Patrick Adjourns 2025 Texas Senate, Touts Most Conservative & Successful Legislative Session". Texas Insider. Archived from the original on June 13, 2025. Retrieved July 2, 2025.
- ^ King, Phil (June 30, 2025). "Protecting Faith, Family, Children: Legislative Successes". Phil King Republican State Senator. Archived from the original on July 2, 2025. Retrieved July 2, 2025.
- ^ Parker, Tan (March 4, 2025). "Protecting Texas Children: The Urgency of SB 20". Tan Parker Campaign. Archived from the original on July 2, 2025. Retrieved July 2, 2025.
- ^ "Texas Senate Unites to Combat AI-Generated Child Pornography". Lawyer Monthly. March 13, 2025. Archived from the original on April 27, 2025. Retrieved July 2, 2025.
- ^ Perreault, Daniel (March 13, 2025) [March 12, 2025]. "Texas Senate passes bills mandating labels on some foods, AI-generated porn". CBS19. Retrieved July 2, 2025.
- ^ Mulligan, Ella (March 4, 2025). "Bills filed in Texas Legislature aim to stop AI-generated child pornography". KVUE. Retrieved July 2, 2025.
- ^ Driggars, Alex (March 14, 2025). "Here's how the Texas Legislature is hoping to crack down on AI-generated child porn". Austin American-Statesman. Archived from the original on March 17, 2025. Retrieved July 2, 2025.
- ^ Jones, Zorrie; Balogun, Rilwan (March 20, 2025). "Understanding Senate Bill 20, if anime could be impacted in Texas". Click2Houston.com. Graham Media Group. Archived from the original on March 21, 2025. Retrieved July 2, 2025.
- ^ Gaspard, Gabby; Burchett, Camryn (March 12, 2025). "Texas lawmakers push for stronger AI laws to combat deepfake crimes". 12News. Archived from the original on July 3, 2025. Retrieved July 2, 2025.
- ^ Whiting, Zach (March 4, 2025). "Testimony before the Senate Committee on Criminal Justice: Senate Bill 20" (PDF). Texas Public Policy Foundation. Archived from the original (PDF) on July 3, 2025. Retrieved July 2, 2025.
- ^ Blankley, Bethany (March 13, 2025). "Texas Senate passes multiple legislative priority bills". The Center Square. Franklin News Foundation. Archived from the original on April 10, 2025. Retrieved July 2, 2025.
- ^ a b Edmundson, Carlyle (May 14, 2025). "From Goblin Slayer to Fruits Basket, a Texas Bill Wants to Make Anime's Biggest Hits Illegal". Screenrant. Archived from the original on May 21, 2025. Retrieved July 2, 2025.
- ^ Adams, Kimberley (June 25, 2025), "Why a new Texas law worries anime and manga fans in the state", Marketplace, archived from the original on July 2, 2025, retrieved July 2, 2025
- ^ Valdez, Nick (March 17, 2025). "New Texas Bill Could Lead to Anime and Manga Ban". ComicBook. Archived from the original on July 2, 2025. Retrieved July 2, 2025.
- ^ Esguerra, Vanessa (April 14, 2025). "Is Texas banning anime? Explained". The Mary Sue. Archived from the original on April 25, 2025. Retrieved July 2, 2025.
- ^ Luxford, Victoria (March 18, 2025). "Texas is trying to make some anime illegal". NME. Archived from the original on April 8, 2025. Retrieved July 2, 2025.
- ^ Barber, Katy (April 11, 2025). "Texas anime ban? Here's the bill that has weebs nervous". My San Antonio. Archived from the original on April 26, 2025. Retrieved July 2, 2025.
- ^ Mack, M.B. (March 17, 2025). "Anime Could Be Declared Illegal Over Underage Characters Thanks to New Texas Bill". Latin Times. Archived from the original on May 25, 2025. Retrieved July 2, 2025.
- ^ Trexler, Jeff (May 16, 2025). "Texas HB1375 UPDATE". Comic Book Legal Defense Fund. Archived from the original on June 3, 2025. Retrieved July 2, 2025.
- ^ Comic Book Legal Defense Fund [@CBLDF] (May 22, 2025). "Texas SB20 just passed. We attempted behind the scenes to make the bill align with constitutional standards and to remove the comics reference, but given the subject of the bill, getting enough people on board to amend it – let alone stop it – didn't work out" (Tweet). Archived from the original on May 22, 2025. Retrieved July 2, 2025 – via Twitter.
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