Texas House Bill HB571

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to repealing the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor.

Impact

The implications of this legislation are significant for existing laws regarding the distribution of materials deemed harmful to minors. With the repeal of the affirmative defense, individuals and businesses could face prosecution even if they believed their actions were lawful under prior interpretations of the law. This change is designed to deter the circulation of potentially harmful materials by shifting the legal burden onto the defendants, who would no longer have the ability to defend themselves with this affirmative shield.

Summary

House Bill 571 seeks to repeal the affirmative defense for the criminal offense of sale, distribution, or display of harmful material to minors. Under current Texas law, individuals accused of such offenses may invoke an affirmative defense, essentially a legal shield against prosecution. The repeal proposed by HB571 argues that eliminating this defense will strengthen protections for minors against harmful content, thus enhancing the overall safeguarding of youth within the state.

Sentiment

The sentiment surrounding HB571 appears generally supportive among advocates focused on child welfare, who argue that the repeal is a necessary step to protect minors from exposure to inappropriate or harmful materials. Conversely, there are concerns raised by free speech advocates who fear that the elimination of the defense could lead to overreach and potentially infringe on legitimate forms of expression and distribution of various materials. The discourse indicates a divide between prioritizing youth protections and maintaining certain freedoms.

Contention

Notable points of contention revolve around the balance between protecting minors and upholding individual rights. Critics of the bill voice concerns that the absence of an affirmative defense could result in excessive prosecution against those distributing materials that might not be clearly classified as harmful. This raises questions about where lines should be drawn and who defines what is considered harmful material, thereby engendering a broader debate about censorship and the regulation of media and content for youth.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 43. Public Indecency
  • Section: 24