88R872 JCG-F
By: Toth H.B. No. 111
A BILL TO BE ENTITLED
AN ACT
relating to affirmative defenses to prosecution for certain
offenses involving material or conduct that is obscene or otherwise
harmful to children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.24(c), Penal Code, is amended to read
as follows:
(c) It is an affirmative defense to prosecution under this
section that the sale, distribution, or exhibition was by a person
having a bona fide judicial, law enforcement, or legislative
[scientific, educational, governmental, or other similar]
justification.
SECTION 2. Section 43.25(f), Penal Code, is amended to read
as follows:
(f) It is an affirmative defense to a prosecution under this
section that:
(1) the defendant was the spouse of the child at the
time of the offense;
(2) the conduct was for a bona fide [educational,
medical, psychological, psychiatric,] judicial, law enforcement,
or legislative purpose; or
(3) the defendant is not more than two years older than
the child.
SECTION 3. The changes in law made by this Act apply 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 on the date 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 occurred before that date.
SECTION 4. This Act takes effect September 1, 2023.