Bill > HB267

This bill modifies existing Texas Penal Code sections related to offenses involving obscene material or conduct harmful to children by adding a new affirmative defense for judicial and law enforcement officers. Specifically, the bill adds a provision that if a judicial or law enforcement officer is prosecuted under certain sections related to obscene material or sexual performance by a child, they can use as a defense that they were discharging their official duties at the time of the offense. The bill removes a previous broader defense that allowed prosecution for offenses if they were for "bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purposes" and instead narrows the defense specifically to actions by judicial and law enforcement officers performing their official duties. The changes will only apply to offenses committed on or after September 1, 2025, with previous offenses still governed by the law in effect at the time they were committed. This modification appears to provide specific legal protection for law enforcement and judicial personnel who might encounter obscene materials or potentially compromising situations in the course of their professional responsibilities.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB267