Texas 2025 - 89th Regular

Texas House Bill HB995

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

Impact

The implications of HB995 could significantly alter the landscape of legal defenses available in criminal cases involving obscenity and harm to minors. By explicitly stating that certain judicial or law enforcement actions undertaken while performing one's official duties can serve as a defense, the bill may not only affect individual cases but also set a precedent for similar cases in the future. The law also limits the kinds of justifications that can be used in prosecutions concerning the sale or distribution of obscene materials, specifically removing the previous allowance for scientific or educational defenses, thereby tightening the scrutiny around these cases.

Summary

House Bill 995 aims to amend certain sections of the Texas Penal Code concerning defenses to prosecution for offenses related to material or conduct deemed obscene or harmful to children. The legislation introduces new rules around affirmative defenses available in prosecutions involving such materials, particularly emphasizing the roles of law enforcement and judicial officers during their official duties. This change intends to clarify the legal protections available for individuals in specific professional roles when engaging with potentially harmful materials, which could impact how such cases are prosecuted in Texas.

Contention

There may be notable points of contention regarding HB995, particularly among advocates for child protection and those concerned about censorship. While proponents may argue that the law provides essential protections for law enforcement and educational professionals, critics might contend that it could inadvertently create loopholes that allow individuals to escape accountability for potentially harmful conduct. Opponents may also highlight the potential for misuse of these defenses, especially in cases involving minors, thus raising concerns about children's safety amidst these legal changes.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 43. Public Indecency
    • Section: 24
    • Section: 25

Companion Bills

TX SB89

Very Similar Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

Previously Filed As

TX SB395

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

TX HB3847

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

TX SB1007

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

TX HB4056

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

TX HB2602

Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.

TX HB111

Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

TX HB976

Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

TX SB437

Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

TX HB5251

Relating to a school district's library materials and catalog, the creation of local school library advisory councils, and parental rights regarding public school library catalogs and access by the parent's child to library materials and to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

TX HB2700

Relating to prosecution of certain criminal offenses prohibiting sexually explicit visual material involving children.

Similar Bills

No similar bills found.