88R1552 JCG-D
	By: Slaton	H.B. No. 151

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain affirmative defenses to prosecution for the
	criminal offenses of sexual performance by a child and possession
	or promotion of child pornography.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 43.25(f), Penal Code, is amended to read
	as follows:
	(f)  It is an affirmative defense to a prosecution under this
	section that[:
	[(1)]  the defendant was the spouse of the child at the
	time of the offense[;
	[(2)  the conduct was for a bona fide educational,
	medical, psychological, psychiatric, judicial, law enforcement, or
	legislative purpose; or
	[(3)  the defendant is not more than two years older
	than the child].
	SECTION 2.  Section 43.26(c), Penal Code, is amended to read
	as follows:
	(c)  It is an [The] affirmative defense [defenses provided by
	Section 43.25(f) also apply] to a prosecution under this section
	that:
	(1)  the defendant was the spouse of the child at the
	time of the offense; or
	(2)  the conduct was for a bona fide judicial or law
	enforcement purpose.
	SECTION 3.  The 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.
	SECTION 4.  This Act takes effect September 1, 2023.

Statutes affected:
Introduced: Penal Code 43.25, Penal Code 43.26 (Penal Code 43)