TX HB1653

Removes the requirement that prosecutors prove a defendant "knowingly or intentionally" possessed or accessed child pornography, making the offense easier to prosecute

Eliminates the element requiring proof that the defendant knew the material depicted a child engaging in sexual conduct

Applies the same changes to the offense of promoting or possessing with intent to promote child pornography

Updates related provisions in the Code of Criminal Procedure regarding discovery and court handling of child pornography evidence to reflect the statutory changes

Applies only to offenses committed on or after September 1, 2025, with prior offenses governed by existing law