S.B. No. 412 amends the Texas Penal Code to introduce new affirmative defenses for certain offenses involving material or conduct deemed obscene or harmful to children. Specifically, it adds Subsection (c-2) to Section 43.24, stating that it is an affirmative defense if the actor was a judicial or law enforcement officer performing their official duties at the time of the offense. Additionally, Section 43.25(f) is modified to include the same defense for judicial or law enforcement officers, while removing the previous provision that allowed for a defense based on bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purposes.

Furthermore, the bill repeals Section 43.24(c) and clarifies that the changes apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses occurring before this date will be governed by the law in effect at that time. The bill passed both the Senate and the House with notable support, indicating a legislative intent to provide specific protections for law enforcement and judicial officers in the context of these offenses.

Statutes affected:
Introduced: Penal Code 43.24, Penal Code 43.25 (Penal Code 43)
Senate Committee Report: Penal Code 43.24, Penal Code 43.25 (Penal Code 43)
Engrossed: Penal Code 43.24, Penal Code 43.25 (Penal Code 43)
House Committee Report: Penal Code 43.24, Penal Code 43.25 (Penal Code 43)
Enrolled: Penal Code 43.24, Penal Code 43.25 (Penal Code 43)