Six New Texas Criminal Laws You Should Know (Effective September 1st, 2025)

During the recent Texas legislative session, lawmakers passed several new laws related to criminal law that, as of September 1st, 2025, are now in effect. This means you can now be arrested and prosecuted for violating these new legal rules.  

At Chris Perri Law, a criminal defense firm based in Austin and practicing across Texas, we consider it our duty to stay up to date on where the law stands and share how any changes could impact our clients and community. Below we unpack our top six takeaways from the new laws, as they pertain to criminal defense issues in Texas.

If you or your loved one find yourself arrested for breaking any state or federal laws, we can help. Call (512) 269-0260 to schedule your free consultation today. 

Six New Texas Laws Related to Criminal Defense 

1. Bail options have been restricted.

The passing of Senate Bill 9 reduces bail options, particularly for those with prior records and those accused of violent offenses. This includes making it harder to qualify for a personal bond, which allows a defendant to be released from jail while awaiting trial without paying money. Prosecutors also now have more authority to challenge bail decisions they feel are too lenient. 

2. Sexual assault now includes having sex with someone who is too intoxicated to consent.

Previously, prosecutors had to prove that a defendant intentionally impaired a victim or that the victim was so intoxicated that they were physically unable to resist—such as passed out—for intoxication to come into play. House Bill 3073 closes that loophole. The Texas Penal Code, which is the official collection of criminal laws and penalties in Texas, will now more broadly state that a sexual assault occurs if the “actor knows that the other person is intoxicated or impaired by any substance to the extent that the other person is incapable of consenting.” 

3. Intoxication manslaughter that involves multiple victims has been upgraded to a first-degree felony.

The crime of causing multiple fatalities due to drunk driving was previously a second-degree felony. Senate Bill 745 elevates this offense to a first-degree felony, which is the highest level of crime in Texas and comes with the most severe penalties, such as prison time and high fines.

4. AI-generated child pornography is now illegal.

While child pornography has always been illegal, Senate Bill 20 closes any loopholes and explicitly states that possessing, promoting, or creating any such visual material—even if generated by artificial intelligence—is against the law and will be prosecuted as a serious sex crime offense.   

5. Selling certain vape pens—including those with THC—is now illegal.

Senate Bill 2024 however has made it illegal for sellers to market or distribute certain vape pens that used to be allowed, including those:

• Containing any THC or cannabis-related product

• Designed for single use 

• Made in China and other “foreign adversary nations”

• Specifically targeted toward children and teens, such as with cartoon or candy-related branding

6. Retailers can only sell cannabis-related products to people 21 and older.

Following the legislative session, Governor Abbott passed an executive order making it illegal to market or sell any hemp or cannabis-derived products to an individual under 21. As written, the law targets the seller—not the individual consumer—so it is the seller who could face criminal charges if they violate this new rule. 

Chris Perri Law Is by Your Side 

These new laws are enforceable—starting now. Overall, this legislative session led to stricter rules and harsher penalties for criminal offenses. 

If you or someone you love is facing criminal charges in Austin or anywhere in Texas, it is more important than ever to have an experienced and zealous defense attorney on your side. 

An energetic, award-winning defense lawyer, Chris Perri has been practicing criminal law for over twenty years. With a meticulous legal eye, thorough understanding of the law, and passion for personal liberty, Chris is eager to fight on your behalf. He’s helped countless clients get their criminal charges dismissed or reduced, and he’s ready to advocate for your future, too.

To schedule a free consultation, call Chris Perri Law at (512) 269-0260 today.