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 several affirmative defenses, such as 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 deleting the reference to educational purposes.

The bill stipulates that the changes will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed before this date will continue to be governed by the law in effect at that time. This ensures that individuals charged with offenses prior to the enactment of the new law will not be subject to the revised affirmative defenses.

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