Think Your AI Art Is Safe? Texas Just Made This a Crime Under SB 20

SB 20 took effect this month, and it could criminalize digital art, animations, and AI content that never involved a real child.

A digital illustration of a judge’s gavel and justice scales in front of a glowing computer screen stamped with ‘CONTENT BLOCKED,’ symbolizing Texas SB 20’s restrictions on AI-generated art and free speech.

The New Law No One Saw Coming

On September 1, 2025, Texas officially made it a crime to create, share, or even possess certain kinds of AI-generated art and animations. The new law, known as SB 20, targets “obscene visual material” depicting minors in sexual conduct — even if the child is fictional, computer-animated, or entirely AI-generated.

That means your artwork doesn’t need to involve a real person to land you in legal trouble. If you’re an artist, digital creator, or someone who shares content online, this law could affect you in ways you never expected.

What Did SB 20 Change?

• AI and Animation Now Covered

  • The law treats digital depictions of minors — even when no child exists — the same as traditional child pornography.

• Possession Counts Too

  • Not just creation or distribution. If you possess questionable content, you could face prosecution.

• Broad Reach

  • Applies to artists, platforms, and ordinary individuals. The net is wide, and intent doesn’t matter.

    
    

Why SB 20 Is So Controversial

1. Free Speech on the Line

The First Amendment protects most expression. Laws that criminalize content must be very narrowly written. Critics say SB 20 sweeps in too much — potentially banning art, satire, or fictional works that never harmed anyone.

2. Vague and Overbroad Wording

What counts as “obscene” or “visual material”? The law doesn’t spell it out clearly. That vagueness creates uncertainty for artists, businesses, and users alike.

3. Civil Rights and Due Process Concerns

Because the law equates AI imagery with child exploitation, it risks punishing individuals for works that don’t involve real victims. Legal scholars warn this could become a “thought crime” statute.

An illustration divided into three panels showing the groups most at risk under Texas SB 20: a digital artist working on a tablet, a business professional managing a platform, and an ordinary user shocked by a warning on their laptop.

Who’s Most at Risk Under SB 20

Group	What They Should Watch For
Digital Artists & Creators	Stylized characters, fantasy art, or youthful-looking figures could be flagged.
Social Platforms & Businesses	Content moderation policies may need immediate tightening to avoid liability.
Everyday Users	Sharing or storing the wrong file — even unknowingly — could trigger criminal charges.

What To Do If You’re Impacted

1. Consult a lawyer immediately if you receive notice of investigation.

2. Preserve evidence — deleting files before speaking with counsel can complicate your defense.

3. Audit your practices — whether you’re an artist or a platform, review your content policies.

4. Don’t assume intent protects you — the law doesn’t require malicious purpose.

How Grable Law Can Help

At Grable Law, we focus on civil rights litigation, constitutional law, and appellate practice. We’re closely tracking SB 20 and preparing for the legal challenges it will inevitably face.

We can help you:

• Evaluate your risk under SB 20.

• Defend against charges or investigations.

• Challenge unconstitutional enforcement in higher courts.

  
  

The Bottom Line

Free speech isn’t gone in Texas — but the margins just got narrower. SB 20 pushes the boundaries of what the state can criminalize, and courts will soon decide whether it goes too far.

Until then, artists, creators, businesses, and everyday users should be cautious. What feels like harmless digital art today could suddenly be treated as criminal under this new law.

👉 If you’re concerned about how SB 20 may affect you or your business, reach out to Grable Law. We’re here to protect your rights.