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A BILL TO BE ENTITLED
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AN ACT
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relating to certain defenses to prosecution for the offense of |
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sale, distribution, or display of harmful material to a minor. |
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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-1) to read as |
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follows: |
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(c) It is an affirmative [a] defense to prosecution under |
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this section that[:
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[(1)] the sale, distribution, or exhibition was by a |
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person having scientific, educational, governmental, or other |
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similar justification[; or
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[(2)
the sale, distribution, or exhibition was to a
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minor who was accompanied by a consenting parent, guardian, or
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spouse]. |
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(c-1) It is a defense to prosecution under this section that |
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the actor was the spouse of the minor at the time of the offense. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |