BILL ANALYSIS

H.B. 1344

By: Burkett

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, certain offenses exist regarding the sale, distribution, or exhibition of material that is harmful to a minor, and it is a defense to prosecution that the sale, distribution, or exhibition was to a minor who was accompanied by a consenting parent, guardian, or spouse.  This presents a problem if a parent shows the parent's child pornography over the objection of the other parent.  H.B. 1344 seeks to remedy this problem by addressing matters relating to certain defenses to prosecution for the offense of sale, distribution, or exhibition of harmful material to a minor.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 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.  The bill establishes that the defense to prosecution for such an offense that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification is an affirmative defense to prosecution, rather than a defense to prosecution.  The bill removes the defense to prosecution for such an offense that the sale, distribution, or exhibition was to a minor who was accompanied by a consenting parent, guardian, or spouse. 

EFFECTIVE DATE

September 1, 2011.