H.B. No. 1434 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 establish that a bona fide judicial, law enforcement, or legislative justification serves as an affirmative defense, replacing the previous justification of scientific, educational, governmental, or similar purposes. Additionally, Section 43.25(f) is amended to include similar justifications for affirmative defenses, 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 transition clause is designed to maintain legal consistency for past offenses while updating the legal framework for future cases.

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