The bill amends the Texas Penal Code to provide specific affirmative defenses for certain offenses involving material or conduct deemed obscene or harmful to children. Notably, it introduces a new affirmative defense under Section 43.24, stating that if the actor was a judicial or law enforcement officer performing their official duties at the time of the offense, they may be exempt from prosecution. Additionally, Section 43.25(f) is revised to include this same defense for law enforcement officers, while removing the previous provision that allowed for a defense based on the conduct being for a bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose.

Furthermore, the bill repeals Section 43.24(c) and clarifies that the changes will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses occurring before this date will be governed by the law in effect at that time. This legislative change aims to clarify the legal protections available to law enforcement and judicial officers in relation to their duties involving potentially harmful material or conduct.

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