Bill > SB242

This bill modifies two sections of the Texas Penal Code related to affirmative defenses for criminal offenses involving potentially obscene material or conduct harmful to children. In Section 43.24(c), the bill removes "educational, governmental" from the list of potential justifications for sale, distribution, or exhibition of material, leaving only "scientific" and "other similar justification" as potential defenses. In Section 43.25(f), the bill eliminates the word "educational" from the list of bona fide purposes that could serve as an affirmative defense, while maintaining medical, psychological, psychiatric, judicial, law enforcement, and legislative purposes. The bill also preserves two other existing affirmative defenses: being married to the child at the time of the offense, and being no more than two years older than the child. These changes will only apply to offenses committed on or after September 1, 2025, with previous offenses continuing to be 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=SB242