House Bill No. 995 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 removes the provision that allowed for an affirmative defense based on scientific, educational, governmental, or similar justifications for the sale, distribution, or exhibition of such material. Instead, it introduces a new defense for judicial or law enforcement officers who were acting in the course of their official duties at the time of the offense.

Additionally, the bill modifies the affirmative defenses available under Section 43.25(f) by eliminating references to educational, medical, psychological, psychiatric, and legislative purposes, while retaining judicial and law enforcement purposes. The changes will 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)