Bills › 91st General Assembly
Relating to obscene materials involving minors, and providing penalties
Sponsored by Rep. Helena Hayes (R)
Topics:Courts & civil lawCrime & correctionsBooks & libraries
Same legislation: HF 826
Where it is now
- Done: IntroducedJanuary 16, 2025
- Done: SubcommitteeJanuary 21, 2025
- Done: House committeeMarch 4, 2025
- Skipped: Passes the HouseContinued as HF 826
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 826 → Its progress continues under the new number. Go to HF 826 What’s a funnel?
What’s in it
AI summary It is against the law to make, share, or own certain sexual images that show or appear to show children. People who break this law can face jail time and must register as sex offenders. This rule does not apply to materials used by police, schools, or public libraries for education.1
Read the official explanation
This bill relates to obscene materials involving minors. The bill defines “obscene material involving a minor” as any visual depiction that depicts or appears to depict a minor engaging in a prohibited sexual act that the average person, taking the visual depiction as a whole and applying contemporary adult community standards, would find appeals to the prurient interest and is patently offensive, and, when taken as a whole, lacks serious literary, scientific, political, or artistic value. The bill prohibits a person from knowingly producing, distributing, receiving, or possessing with the intent to distribute any obscene material involving a minor, or attempting any such conduct. A person who commits a violation of the bill commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. fine of at least $1,025 but not more than $10,245. The bill provides that a person convicted of production, distribution, receipt, or possession of obscene materials involving minors, or attempting any such conduct, must register as a tier I sex offender. The bill does not require that the minor depicted actually exists. The bill does not apply to any bona fide law enforcement or judicial activity, or to any material used for educational purposes in any accredited school or any public library, or in any educational program.
House subcommittee
Named January 21, 2025. On January 23, 2025 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
2 written public comments to its subcommittee: January 23, 2025 (1), January 22, 2025 (1) · on the Legislature’s site
Fiscal note
AI summary House File 826 creates new criminal penalties and sex offender registration requirements for people who produce, distribute, receive, or possess obscene material involving a minor. Because this creates a new offense, the fiscal impact to the state's General Fund is unknown. The estimated impact would include operating costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.3
From the note: House File 826 creates a new criminal offense, and the fiscal impact is unknown. Figure 2 shows the average State cost per offense for an aggravated misdemeanor and Class D felony. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC).
- Obscene Materials Involving Minors · March 18, 2025
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91st General Assembly