88R2675 JCG-D
 
  By: Capriglione H.B. No. 2602
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to defenses to prosecution for certain criminal offenses
  involving material or conduct that may be obscene or is otherwise
  harmful to children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.24(c), Penal Code, is amended to read
  as follows:
         (c)  It is an affirmative defense to prosecution under this
  section that the sale, distribution, or exhibition was by a person
  having scientific, [educational,] governmental, or other similar
  justification.
         SECTION 2.  Section 43.25(f), Penal Code, is amended to read
  as follows:
         (f)  It is an affirmative defense to a prosecution under this
  section that:
               (1)  the defendant was the spouse of the child at the
  time of the offense;
               (2)  the conduct was for a bona fide [educational,]
  medical, psychological, psychiatric, judicial, law enforcement, or
  legislative purpose; or
               (3)  the defendant is not more than two years older than
  the child.
         SECTION 3.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act.  An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose.  For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2023.