Bill > HB2710

This bill modifies the Texas Penal Code's provisions regarding affirmative defenses for certain criminal offenses involving potentially obscene material or conduct harmful to children. Specifically, the bill removes the existing affirmative defense that allows conduct for "bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purposes" from Section 43.25, which appears to relate to sexual offenses involving minors. The bill narrows the existing affirmative defenses, maintaining only two: (1) the defendant was married to the child at the time of the offense, or (2) the defendant is not more than two years older than the child. For Section 43.26, which likely concerns possession or promotion of obscene material, the bill adds a limited affirmative defense specifically for judicial, law enforcement, or legislative purposes. The bill will take effect on September 1, 2025, and will only apply to offenses committed on or after that date, meaning prior offenses will be governed by the law in effect at the time they were committed. This change appears to restrict the circumstances under which individuals can claim an affirmative defense in cases involving potentially obscene material or conduct related to minors.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2710