Morgan Bill Makes Every Harmful Material Offense A Second-Degree Felony

The text as introduced · 442 words

89R15605 JCG-F

By: Morgan
H.B. No. 4579

A BILL TO BE ENTITLED

AN ACT

relating to prosecution for the criminal offenses of sale,

distribution, or display of harmful material to a minor and sexual

performance by a child; increasing criminal penalties.

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

SECTION 1. Sections 43.24(c), (c-1), and (d), Penal Code,

are amended to read as follows:

(c) It is not a [ an affirmative ] defense to prosecution

under this section that :

(1) the sale, distribution, or exhibition was by a

person having scientific, educational, governmental, or other

similar justification ; or [ . ]

(2) [ (c-1) It is a defense to prosecution under this

section that ] the actor was the spouse of the minor at the time of

the offense.

(d) An offense under this section is a [ Class A misdemeanor

unless it is committed under Subsection (b)(3) in which event it is

a ] felony of the second [ third ] degree.

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

as follows:

(e) An offense under this section [ Subsection (d) ] is a

felony of the first [ third ] degree[ , except that the offense is a

felony of the second degree if the victim is younger than 14 years

of age at the time the offense is committed, regardless of whether

the actor knows the age of the victim at the time of the offense ].

SECTION 3. Section 411.1471(a), Government Code, is amended

to read as follows:

(a) This section applies to a defendant who is:

(1) arrested for any offense punishable as a felony;

or

(2) convicted of an offense:

(A) under Title 5, Penal Code, that is punishable

as a Class A misdemeanor, except for an offense punishable as a

Class A misdemeanor under Section 22.05, Penal Code; or

(B) punishable as a Class A or B misdemeanor, as

applicable, under Section 21.08 or [ , ] 25.04, [ or 43.24, ] Penal

Code.

SECTION 4. Section 43.25(c), Penal Code, is repealed.

SECTION 5. 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 6. This Act takes effect September 1, 2025.