By: Middleton  S.B. No. 412
         (In the Senate - Filed November 21, 2024; February 3, 2025,
  read first time and referred to Committee on Criminal Justice;
  March 6, 2025, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; March 6, 2025,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 412 By:  Parker
 
 
A BILL TO BE ENTITLED
 
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  Section 43.24(c), Penal Code, is repealed.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.
 
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