Richardson Bill Drops The Educational Defense For Harmful Material

The text as introduced · 318 words

89R4672 JCG-D

By: Richardson
H.B. No. 2030

A BILL TO BE ENTITLED

AN ACT

relating to affirmative defenses to prosecution for certain

criminal offenses involving material or conduct that may be obscene

or is otherwise harmful to children.

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

SECTION 1. Section 43.24(c), Penal Code, is amended to read

as follows:

(c) It is an affirmative defense to prosecution under this

section that the sale, distribution, or exhibition was by a person

having scientific, [ educational, ] governmental, or other similar

justification.

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) 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 43.26(c), Penal Code, is amended to read

as follows:

(c) It is an [ The ] affirmative defense to a prosecution

under this section that the conduct was for a bona fide judicial or

law enforcement purpose [ defenses provided by Sections 43.25(f)(2)

and (3) also apply to a prosecution under this section ].

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.