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TX SB412

TX SB412
Relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.


summary

Introduced
11/21/2024
In Committee
04/28/2025
Crossed Over
03/19/2025
Passed
05/05/2025
Dead
Signed/Enacted/Adopted
05/19/2025

Introduced Session

89th Legislature Regular Session

Bill Summary

AN ACT relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

AI Summary

This bill modifies two sections of the Texas Penal Code related to defenses for certain offenses involving obscene materials or conduct harmful to children. Specifically, the bill adds a new provision that creates an affirmative defense for judicial or law enforcement officers who are discharging their official duties when potentially committing offenses under sections 43.24 and 43.25. For section 43.25, which appears to involve sexual offenses with a minor, the bill removes the previous broad language about "bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose" and replaces it with a more specific defense for law enforcement and judicial officers performing official duties. The bill will only apply to offenses committed on or after September 1, 2025, and will continue to treat pre-effective date offenses under the law as it existed at the time of the offense. By narrowing the scope of potential defenses, the bill seems intended to provide clear legal protections specifically for law enforcement and judicial personnel while potentially limiting other broad interpretations of legitimate purposes.

Committee Categories

Government Affairs, Justice

Sponsors (15)

Last Action

Effective on 9/1/25 (on 05/19/2025)

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