Relating to the prosecution of the criminal offense of sale, distribution, or display of harmful material to a minor.
Impact
If enacted, SB88 would have significant implications for how minors are protected from inappropriate content in Texas. By tightening the language surrounding harmful materials and clarifying the legal thresholds for what is considered inappropriate for minors, the bill aims to enhance enforcement mechanisms. This can potentially lead to an increase in prosecutions against individuals or entities that violate these regulations, thereby creating a stricter environment focused on safeguarding children from exposure to potentially damaging material.
Summary
SB88 aims to revise the legal framework surrounding the sale, distribution, or display of harmful material to minors in Texas. The bill seeks to amend existing definitions within the Penal Code, specifically modifying what constitutes 'harmful material.' Under the proposed law, harmful material is defined as content that appeals to the prurient interest of a minor, is patently offensive by adult community standards, and lacks any redeeming social value for minors. This change is intended to strengthen the legal basis for prosecuting offenders who make harmful materials accessible to underage individuals.
Contention
While the bill receives support from various advocacy groups focused on child welfare, it may also generate debate regarding the interpretation of what constitutes harmful material. Critics may argue that the definitions could be too broad or subjective, leading to potential violations of free speech or limiting access to literature and art that could be deemed objectionable. Furthermore, the implications for businesses that sell or distribute literature, art, or digital content could also be a topic of concern, as they would need to navigate the new legal landscape to ensure compliance.
Relating to repealing the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor.
Relating to repealing the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor.
Relating to repealing the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor.
Relating to repealing the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor.
Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.
Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.