Bill > SB395

This bill amends the Penal Code to provide new defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children. Specifically, it eliminates the affirmative defense requirement for certain offenses, and adds a new defense for judicial or law enforcement officers acting in their official duties. The bill also modifies the affirmative defense for offenses involving the sexual exploitation of a child, removing certain exceptions and adding a defense for defendants who are not more than two years older than the child. The bill applies only to offenses committed on or after September 1, 2023.