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House Bill 1344 |
House Author: Burkett |
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Effective: 9-1-11 |
Senate Sponsor: Deuell |
House Bill 1344 amends the Penal Code to establish a defense to prosecution for the offense of selling, distributing, or exhibiting harmful material to a minor if the actor is the spouse of the minor at the time of the offense and removes the defense to prosecution that the sale, distribution, or exhibition was to a minor who was accompanied by a consenting parent, guardian, or spouse. The bill makes it an affirmative defense to prosecution, rather than a general defense to prosecution, that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.