88R1102 JCG-F
 
  By: Toth H.B. No. 3847
 
 
 
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, Penal Code, is amended by
  amending Subsection (c) and adding Subsection (c-2) to read as
  follows:
         (c)  It is not a [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.
         (c-2)  It is a defense to prosecution under Subsection (b)(1)
  or (2) that at the time of the offense the actor was a judicial or
  law enforcement officer discharging the officer's official duties.
         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 or [,] 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.