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A BILL TO BE ENTITLED
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AN ACT
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relating to certain affirmative defenses to prosecution for the |
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criminal offenses of sexual performance by a child and possession |
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or promotion of child pornography. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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, law enforcement, or |
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legislative purpose; or |
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[(3) the defendant is not more than two years older |
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than the child]. |
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SECTION 2. Section 43.26(c), Penal Code, is amended to read |
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as follows: |
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(c) It is an [The] affirmative defense [defenses provided by |
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Section 43.25(f) also apply] to a prosecution under this section |
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that: |
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(1) the defendant was the spouse of the child at the |
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time of the offense; or |
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(2) the conduct was for a bona fide judicial or law |
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enforcement purpose. |
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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 of |
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this section, an offense was committed before the effective date of |
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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. |