BILL ANALYSIS

Senate Research Center	S.B. 412
89R636 JCG-F	By: Middleton
	Criminal Justice
	2/26/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The ability of Texas public schools to legally allow obscene instructional material and school district's lack of transparency on the issue has led to an increased amount of access to sexually explicit, obscene, and age-inappropriate content for Texas students. This material has a detrimental effect on children as their identities are still developing.

The affirmative defense to the crime of "Sale, Distribution, or Display of Harmful Material to Minors" is overly broad and offers a disproportionate amount of protection compared to the harm posed to minors. This bill seeks to narrow the scope of the affirmative defense and deter harmful acts of obscenity.

S.B. 412 relates to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children. It amends sections of the Texas Penal Code to specify conditions under which affirmative defenses can be claimed.

As proposed, S.B. 412 amends current law relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 43.24(c), Penal Code, as follows:

(c) Provides that it is an affirmative defense to prosecution under Section 43.24 (Sale, Distribution, or Display of Harmful Material to Minor) that the sale, distribution or exhibition was by a person having a bona fide judicial, law enforcement, or legislative justification, rather than having scientific, educational, governmental, or other similar justification.

SECTION 2. Amends Section 43.25(f), Penal Code, as follows:

(f) Provides that it is an affirmative defense to a prosecution under Section 43.25 (Sexual Performance by a Child) that the conduct was for a bona fide judicial, law enforcement, or legislative purpose. Deletes existing text providing that it is an affirmative defense to a prosecution under this section that the conduct was for a bona fide educational, medical, psychological, or psychiatric purpose.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2025.