The bill, S.B. No. 412, 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 language that included scientific, educational, governmental, or similar justifications. Additionally, Section 43.25(f) is amended to include similar justifications while removing references to educational, medical, psychological, or psychiatric purposes as valid defenses.

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 provision allows for a clear transition between the old and new legal standards regarding affirmative defenses in these specific cases.

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