Relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children, the official text

S.B. No. 412

AN ACT

relating to defenses to prosecution for certain offenses involving

material or conduct that is obscene or otherwise harmful to

children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 43.24, Penal Code, is amended by adding

Subsection (c-2) to read as follows:

(c-2) It is an affirmative defense to prosecution under

Subsection (b)(1) or (2) that at the time of the offense the actor

was a judicial or law enforcement officer discharging the officer's

official duties.

SECTION 2. Section 43.25(f), Penal Code, is amended to read

as follows:

(f) It is an affirmative defense to a prosecution under this

section that:

(1) the defendant was the spouse of the child at the

time of the offense;

(2) at the time of the offense the actor was a judicial

or law enforcement officer discharging the officer's official

duties [the conduct was for a bona fide educational, medical,

psychological, psychiatric, judicial, law enforcement, or

legislative purpose]; or

(3) the defendant is not more than two years older than

the child.

SECTION 3. Section 43.24(c), Penal Code, is repealed.

SECTION 4. The changes in law made by this Act apply only to

an offense committed on or after the effective date of this Act. An

offense committed before the effective date of this Act is governed

by the law in effect on the date the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 5. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 412 passed the Senate on

March 19, 2025, by the following vote: Yeas 22, Nays 9.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 412 passed the House on

May 2, 2025, by the following vote: Yeas 92, Nays 39, two present

not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

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Governor