The bill, S.B. No. 242, proposes amendments to the Texas Penal Code regarding 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 allow an affirmative defense for individuals involved in the sale, distribution, or exhibition of such material if they can demonstrate a scientific or similar justification, removing the previous requirement for educational or governmental justification. Additionally, Section 43.25(f) is amended to clarify 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 was for bona fide medical, psychological, psychiatric, judicial, law enforcement, or legislative purposes, or if the defendant is not more than two years older than the child.

The bill stipulates that the changes will only apply to offenses committed on or after its effective date of September 1, 2025, ensuring that any offenses occurring prior to this date will be governed by the existing law. This provision allows for a clear transition between the old and new legal standards, maintaining the applicability of previous laws for offenses committed before the enactment of this bill.

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