H.B. No. 947 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 state that an affirmative defense can be established if the sale, distribution, or exhibition was conducted by a person with a bona fide judicial, law enforcement, or legislative justification, replacing the previous justification of scientific, educational, governmental, or similar purposes. Additionally, Section 43.25(f) is amended to include that an affirmative defense can also be claimed if the conduct was for a bona fide judicial, law enforcement, or legislative purpose, while removing references to educational, medical, psychological, or psychiatric purposes.

The bill stipulates that these changes apply only to offenses committed on or after the effective date of September 1, 2025, ensuring that any offenses occurring prior to this date will be governed by the law in effect at that time. This provision clarifies the transition between the old and new legal standards for prosecution in these cases.

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