The bill, S.B. No. 242, amends the Texas Penal Code to clarify affirmative defenses for certain criminal offenses related to material or conduct that may be considered obscene or harmful to children. Specifically, it modifies Section 43.24(c) to state that an affirmative defense exists if the sale, distribution, or exhibition was conducted by a person with scientific or similar justification, removing the previous references to educational and governmental justifications. Additionally, Section 43.25(f) is amended to include that an affirmative defense can be claimed if the defendant was the spouse of the child at the time of the offense, if the conduct served a bona fide medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose, or if the defendant is not more than two years older than the child, while also removing the reference to educational purposes.

The bill stipulates that the changes will only apply to offenses committed on or after the effective date of September 1, 2025, ensuring that any offenses occurring before this date will be governed by the law in effect at that time. This provision allows for a clear transition between the old and new legal standards regarding affirmative defenses in these specific criminal cases.

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