Texas SB 412: Relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

Bill Text

S.B.ANo.A412
AN ACT
relating to defenses to prosecution for certain offenses involving
material or conduct that is obscene or otherwise harmful to
children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 43.24, Penal Code, is amended by adding
Subsection (c-2) to read as follows:
(c-2)AAIt is an affirmative defense to prosecution under
Subsection (b)(1) or (2) that at the time of the offense the actor
was a judicial or law enforcement officer discharging the officer’s
official duties.
SECTIONA2.AASection 43.25(f), Penal Code, is amended to read
as follows:
(f)AAIt is an affirmative defense to a prosecution under this
section that:
(1)AAthe defendant was the spouse of the child at the
time of the offense;
(2)AAat the time of the offense the actor was a judicial
or law enforcement officer discharging the officer’s official
duties [the conduct was for a bona fide educational, medical,
psychological, psychiatric, judicial, law enforcement, or
legislative purpose]; or
(3)AAthe defendant is not more than two years older than
the child.
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SECTIONA3.AASection 43.24(c), Penal Code, is repealed.
SECTIONA4.AAThe changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTIONA5.AAThis Act takes effect September 1, 2025.
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S.B.ANo.A412
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______________________________ ______________________________
President of the SenateAAAAAAAAAAAAASpeaker of the House
I hereby certify that S.B.ANo.A412 passed the Senate on
MarchA19,A2025, by the following vote:AAYeasA22, NaysA9.
______________________________
AAAASecretary of the Senate
I hereby certify that S.B.ANo.A412 passed the House on
MayA2,A2025, by the following vote:AAYeasA92, NaysA39, two present
not voting.
______________________________
AAAAChief Clerk of the House
Approved:
______________________________
AAAAAAAAAAAAADate
______________________________
AAAAAAAAAAAGovernor
S.B.ANo.A412
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