By: Burkett (Senate Sponsor - Deuell) H.B. No. 1344
(In the Senate - Received from the House April 11, 2011;
April 14, 2011, read first time and referred to Committee on
Criminal Justice; May 9, 2011, reported favorably by the following
vote: Yeas 7, Nays 0; May 9, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to certain defenses to prosecution for the offense of
sale, distribution, or display of harmful material to a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.24, Penal Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) It is an affirmative [a] defense to prosecution under
this section that[:
[(1)] the sale, distribution, or exhibition was by a
person having scientific, educational, governmental, or other
similar justification[; or
[(2) the sale, distribution, or exhibition was to a
minor who was accompanied by a consenting parent, guardian, or
spouse].
(c-1) It is a defense to prosecution under this section that
the actor was the spouse of the minor at the time of the offense.
SECTION 2. The change in law made by this Act applies 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 at the time 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 was
committed before that date.
SECTION 3. This Act takes effect September 1, 2011.
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