Bill > SB89

This bill modifies two sections of the Texas Penal Code related to defenses in criminal cases involving potentially obscene material or conduct harmful to children. First, it removes the existing language about "affirmative defense" for sale, distribution, or exhibition of obscene materials when done for scientific, educational, governmental, or similar purposes. The bill also adds a specific defense for judicial or law enforcement officers who are performing their official duties. In a separate section addressing sexual offenses involving children, the bill eliminates several specific justifications for such conduct (including educational, medical, psychological, and legislative purposes) and narrows the acceptable defenses to three scenarios: being married to the child at the time of the offense, acting for a judicial or law enforcement purpose, or being no more than two years older than the child. The changes will only apply to offenses committed on or after September 1, 2025, with prior offenses still governed by the law in effect at the time they were committed.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB89