Texas House Bill HB820

Texas 2013 - 83rd Regular

Caption

Relating to the prosecution of the possession or promotion of child pornography.

Impact

The legislation specifically introduces defenses to prosecution for law enforcement officers and school administrators. It allows these individuals to possess or access such material only in good faith and only as a result of complaints or allegations of violations. They must also take reasonable steps to destroy the material in a timely manner once the allegations are addressed. This change aims to protect those in positions of authority from legal repercussions when dealing with sensitive situations related to child pornography investigations.

Summary

House Bill 820 addresses the prosecution of the possession or promotion of child pornography in the state of Texas. The bill amends existing sections of the Penal Code by clarifying the conditions under which a person can be charged with an offense related to the knowing possession or access of visual material depicting children engaged in sexual conduct. The intention of this act is to strengthen the regulations surrounding such offenses and ensure that law enforcement has clear guidelines for prosecution.

Contention

One notable aspect of HB 820 is the delineation of responsibilities and legal protections for law enforcement and school officials, which may raise questions about accountability and the handling of such materials. Critics might argue that the provisions could create loopholes that could be exploited, potentially hindering the prosecution of individuals who possess such visual materials under less clear circumstances. Furthermore, the effective date of this law indicates that its implications are contingent upon the timing of offenses, creating varying degrees of legal consequences based on when an offense is committed.