H.B. No. 1774 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, it seeks to remove Section 43.24(c) from the Penal Code, which currently provides this defense. The bill indicates 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.

Additionally, the bill clarifies that any offenses committed prior to this effective date will still be governed by the law in effect at that time, ensuring that the former law remains applicable for those cases. This legislative change aims to strengthen the legal framework surrounding the protection of minors from harmful materials.

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