The bill amends Section 43.24(a)(2) of the Penal Code regarding the definition of "harmful material" in the context of the sale, distribution, or display of such material to minors. The new legal language clarifies that "harmful material" is defined as material that appeals to the prurient interest of a minor in sex, nudity, or excretion, is patently offensive to prevailing standards in the adult community regarding what is suitable for minors, and is without redeeming social value for minors. The amendment removes the previous requirement that the material's dominant theme be considered as a whole and eliminates the term "utterly" from the definition.
Additionally, the bill specifies that 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 committed prior to this date will be governed by the law in effect at the time of the offense, ensuring that the former law remains applicable for those cases.
Statutes affected: Introduced: Penal Code 43.24 (Penal Code 43)