The bill amends the Texas Penal Code to clarify defenses to prosecution for certain criminal offenses related to material or conduct that may be considered obscene or harmful to children. Specifically, it states that it is not a defense to prosecution if the sale, distribution, or exhibition was conducted by a person with scientific, educational, governmental, or similar justification. Additionally, a new defense is introduced, allowing judicial or law enforcement officers to claim a defense if they were acting in the discharge of their official duties at the time of the offense.

Furthermore, the bill modifies the affirmative defenses available under Section 43.25(f) by removing references to educational, medical, psychological, psychiatric, and legislative purposes, while retaining judicial and law enforcement purposes. The changes apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed prior to this date will be governed by the law in effect at that time.

Statutes affected:
Introduced: Penal Code 43.24, Penal Code 43.25 (Penal Code 43)