The bill amends the Texas Penal Code to clarify affirmative defenses for certain offenses involving material or conduct deemed obscene or harmful to children. Specifically, it modifies Section 43.24(c) to establish that a bona fide judicial, law enforcement, or legislative justification serves as an affirmative defense, replacing the previous language that included scientific, educational, governmental, or similar justifications. Additionally, Section 43.25(f) is amended to include similar justifications for conduct related to the offense, while removing references to educational, medical, psychological, or psychiatric purposes.

The changes in law 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 the time of the offense, ensuring that the previous legal framework remains applicable for those cases.

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