Bill > HB947

This bill modifies two sections of the Texas Penal Code related to affirmative defenses for offenses involving obscene material or conduct harmful to children. In Section 1, the bill changes the existing affirmative defense for selling, distributing, or exhibiting obscene material from having a "scientific, educational, governmental, or other similar justification" to specifically having a "bona fide judicial, law enforcement, or legislative justification." In Section 2, the bill alters the affirmative defenses for offenses related to children by removing "educational, medical, psychological, psychiatric" purposes and replacing them with "judicial, law enforcement, or legislative purposes." The bill also maintains two other existing affirmative defenses: if the defendant was married to the child at the time of the offense, or if the defendant is not more than two years older than the child. 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. The bill narrows the scope of justifiable defenses in these specific legal contexts, focusing more narrowly on official judicial, law enforcement, and legislative purposes.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB947