H.B. 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. The bill specifies 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, 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.

The bill also modifies the affirmative defenses available under Section 43.25(f) by removing references to educational, medical, psychological, and psychiatric purposes, while retaining judicial and law enforcement purposes. It maintains the existing defense that the defendant is not more than two years older than the child involved. The changes will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.

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