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A BILL TO BE ENTITLED
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AN ACT
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relating to prosecution for the criminal offenses of sale, |
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distribution, or display of harmful material to a minor and sexual |
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performance by a child; increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 43.24(c), (c-1), and (d), Penal Code, |
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are amended to read as follows: |
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(c) It is not a [an affirmative] defense to prosecution |
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under 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) [(c-1) It is a defense to prosecution under this |
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section that] the actor was the spouse of the minor at the time of |
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the offense. |
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(d) An offense under this section is a [Class A misdemeanor |
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unless it is committed under Subsection (b)(3) in which event it is |
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a] felony of the second [third] degree. |
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SECTION 2. Section 43.25(e), Penal Code, is amended to read |
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as follows: |
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(e) An offense under this section [Subsection (d)] is a |
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felony of the first [third] degree[, except that the offense is a |
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felony of the second degree if the victim is younger than 14 years |
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of age at the time the offense is committed, regardless of whether |
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the actor knows the age of the victim at the time of the offense]. |
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SECTION 3. Section 411.1471(a), Government Code, is amended |
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to read as follows: |
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(a) This section applies to a defendant who is: |
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(1) arrested for any offense punishable as a felony; |
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or |
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(2) convicted of an offense: |
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(A) under Title 5, Penal Code, that is punishable |
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as a Class A misdemeanor, except for an offense punishable as a |
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Class A misdemeanor under Section 22.05, Penal Code; or |
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(B) punishable as a Class A or B misdemeanor, as |
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applicable, under Section 21.08 or[,] 25.04, [or 43.24,] Penal |
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Code. |
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SECTION 4. Section 43.25(c), Penal Code, is repealed. |
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SECTION 5. 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 6. This Act takes effect September 1, 2025. |