| |
| |
| |
|
|
AN ACT
|
|
|
relating to defenses to prosecution for certain offenses involving |
|
|
material or conduct that is obscene or 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 adding |
|
|
Subsection (c-2) to read as follows: |
|
|
(c-2) It is an affirmative 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) at the time of the offense the actor was a judicial |
|
|
or law enforcement officer discharging the officer's official |
|
|
duties [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. Section 43.24(c), Penal Code, is repealed. |
|
|
SECTION 4. 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 5. This Act takes effect September 1, 2025. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 412 passed the Senate on |
|
|
March 19, 2025, by the following vote: Yeas 22, Nays 9. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 412 passed the House on |
|
|
May 2, 2025, by the following vote: Yeas 92, Nays 39, two present |
|
|
not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |