Bill > HB995

This bill modifies two sections of the Texas Penal Code related to criminal offenses involving obscene material or conduct harmful to children. Specifically, the bill changes the defense provisions in Sections 43.24 and 43.25. For Section 43.24, the bill removes the term "affirmative" defense for justifications such as scientific, educational, or governmental purposes, and adds a new provision that allows judicial or law enforcement officers to use a defense when discharging their official duties. In Section 43.25, the bill eliminates several previously allowed affirmative defense categories like educational, medical, psychological, and legislative purposes, while maintaining defenses for a spouse of the child, conduct for judicial or law enforcement purposes, and when the defendant is not more than two years older than the child. The changes will only apply to offenses committed on or after the effective date of September 1, 2025, with previous offenses continuing to be governed by the law in effect at the time of the offense.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB995