A proposed Texas law aimed at banning AI-generated child pornography is sparking backlash from anime and manga enthusiasts, who worry that its vague language could turn fans into felons.

Senate Bill 20 (SB-20), titled the “Stopping AI-Generated Child Pornography Act,” seeks to criminalize the possession or promotion of any image that “appears to depict” minors in an obscene manner—regardless of whether the content is computer-generated, animated, or hand-drawn. The bill passed unanimously in the Texas Senate earlier this month and now awaits review in the House of Representatives. Lieutenant Governor Dan Patrick has endorsed the bill, indicating it will be a legislative priority.

Although the bill’s stated goal is to curb disturbing advancements in AI-generated child exploitation, critics argue that its scope is far too broad. They say the bill could inadvertently ban widely popular and culturally significant anime and manga titles.

How Anime and Manga Are at Risk

A key issue with SB-20 lies in how it defines “obscene” and what constitutes a depiction of a minor. Anime and manga frequently feature teenage characters—many of them main protagonists—who may be involved in storylines or artwork that include fan service or suggestive scenes. Characters like Izuku Midoriya from My Hero Academia, Monkey D. Luffy from One Piece, and Eren Yeager from Attack on Titan are all portrayed as minors during major parts of their respective series.

In Japanese media, cultural norms differ significantly, allowing for more permissive depictions of characters in sexualized contexts—some of which may appear questionable under American legal standards. Additionally, because most modern anime and manga are produced digitally, they could fall under the bill’s ban on AI-generated or computer-created images.

One example that could be affected is Chapter 368 of My Hero Academia, which features a scene involving the character Toru Hagakure, a high school student who is perpetually invisible and nude due to her powers. Though the chapter received criticism from fans for being overly suggestive, under SB-20, simply possessing it in Texas could carry serious consequences: up to two years in state jail and a fine of up to $10,000.

Legal Precedents and Constitutional Challenges

Despite the bill’s current momentum, legal experts believe it may face significant constitutional hurdles if signed into law. In 2002, the U.S. Supreme Court struck down a similar federal statute in Ashcroft v. Free Speech Coalition. The Court ruled that banning virtual or computer-generated depictions of minors engaged in sexual conduct—absent any actual children—violated the First Amendment.

The justices emphasized that fictional characters, no matter how realistic, are not real children and therefore are not protected under child pornography laws. The Court further concluded that laws cannot ban images that are not legally “obscene,” especially when they may hold artistic or literary value.

Under that precedent, SB-20 could be found unconstitutional if it criminalizes depictions that are protected as free speech. This includes anime and manga, which courts generally consider to have artistic merit.

However, the ruling also acknowledged a narrow exception: If a work is determined to be obscene under legal standards and lacks serious artistic, literary, political, or scientific value, it may still be regulated. Critics of SB-20 argue that the bill does not make these distinctions clear, opening the door to potential misuse.

What’s Next for Texas Fans

While the proposed law’s future remains uncertain, anime and manga fans in Texas are urging lawmakers to reconsider or revise its language. Advocacy groups and legal analysts warn that without clarifying the bill’s scope, it could be used to target harmless content or even collectors and retailers of Japanese media.

To pass constitutional muster, the state would need to demonstrate that the law serves a compelling governmental interest—such as protecting children—and is narrowly tailored to avoid infringing on protected speech. Alternatives like content filters or age restrictions might offer more focused solutions without sweeping bans.

As SB-20 moves to the Texas House for consideration, its implications are drawing national attention—not just from anime fans but from free speech advocates and constitutional scholars alike.

For now, fans hope that any final version of the bill will better distinguish between exploitative content and fictional, artistic works that have long held a place in global pop culture.