H.B. No. 1774, introduced by Leo Wilson, proposes the repeal of the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor. Specifically, the bill seeks to remove Section 43.24(c) from the Penal Code, which currently provides this affirmative defense.
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 occurring before this date will still be governed by the previous law, ensuring that any elements of the offense that took place prior to the effective date are treated under the former legal framework.
Statutes affected: Introduced: Penal Code 43.24 (Penal Code 43)