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A BILL TO BE ENTITLED
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AN ACT
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relating to defenses to prosecution for certain criminal offenses |
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involving material or conduct that may be obscene or is otherwise |
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harmful to children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.24, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (c-2) to read as |
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follows: |
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(c) It is not a [an affirmative] defense to prosecution |
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under this section that the sale, distribution, or exhibition was |
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by a person having scientific, educational, governmental, or other |
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similar justification. |
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(c-2) It is a defense to prosecution under Subsection (b)(1) |
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or (2) that at the time of the offense the actor was a judicial or |
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law enforcement officer discharging the officer's official duties. |
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SECTION 2. Section 43.25(f), Penal Code, is amended to read |
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as follows: |
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(f) It is an affirmative defense to a prosecution under this |
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section that: |
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(1) the defendant was the spouse of the child at the |
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time of the offense; |
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(2) the conduct was for a bona fide [educational, |
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medical, psychological, psychiatric,] judicial or [,] law |
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enforcement[, or legislative] purpose; or |
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(3) the defendant is not more than two years older than |
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the child. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes |
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of this section, an offense was committed before the effective date |
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of this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |