Bill > HB1434

This bill modifies two sections of the Texas Penal Code related to affirmative defenses for offenses involving obscene material or conduct harmful to children. Specifically, the bill narrows the existing affirmative defense provisions by replacing broader language about "scientific, educational, governmental, or other similar" justifications with more specific "bona fide judicial, law enforcement, or legislative" justifications. In Section 43.25, which appears to relate to sexual offenses involving children, the bill removes references to educational, medical, psychological, and psychiatric purposes as potential affirmative defenses, leaving only judicial, law enforcement, or legislative purposes, along with two other existing defenses (being the spouse of the child 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 previous offenses still governed by the law in effect at the time of the offense. This modification appears to create a more restrictive set of circumstances under which defendants can claim an affirmative defense in cases involving obscene materials or potentially inappropriate conduct with minors.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1434