Texas 2023 - 88th Regular

Texas House Bill HB869

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

Caption

Relating to repealing the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor.

Impact

The implementation of HB 869 would have significant implications for state laws concerning the regulation of materials available to minors. By removing the affirmative defense, it aligns with broader efforts to clamp down on offenses related to harmful materials, signaling a tougher stance on such issues. Critics may argue that this change could lead to increased prosecutions, potentially affecting businesses that handle media and content aimed at young audiences. This might also invoke discussions around the balance between protecting children and the rights of content distributors.

Summary

House Bill 869 seeks to repeal the affirmative defense to prosecution for the sale, distribution, or display of harmful material to minors. This legislative action is aimed at enhancing the legal framework surrounding the protection of minors from potentially harmful content. By removing this defense, the bill intends to strengthen the penal consequences for individuals or entities that engage in distributing such materials to minors, ensuring stricter adherence to existing laws aimed at protecting vulnerable populations. The bill emphasizes the importance of safeguarding children from exposure to inappropriate or harmful materials, thereby promoting a safer environment for youth.

Sentiment

The sentiment towards HB 869 appears to be mostly positive among proponents who advocate for stronger protections for minors. Supporters argue that repealing the affirmative defense is a necessary step to deter the distribution of harmful materials and to uphold community standards regarding the protection of youth. However, some dissenters may express concerns regarding the implications this bill may have on existing freedoms related to content distribution and the potential for over-criminalization of individuals inadvertently caught up in its enforcement.

Contention

Notable points of contention surrounding HB 869 may stem from the potential repercussions on content creators and distributors. While the bill reinforces legal protections for minors, it also invites debate about defining 'harmful materials' and who determines what qualifies. Opponents may argue that the bill could unintentionally stifle creativity and expression, especially in cases where material is deemed provocative but not necessarily harmful. The discussions could reflect a larger societal conversation about censorship and the role of legislation in defining the limits of acceptable content for minors.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 43. Public Indecency
    • Section: New Section

Companion Bills

TX HB552

Duplicate Relating to repealing the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor.

TX HB571

Same As Relating to repealing the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor.

TX HB858

Same As Relating to repealing the affirmative defense to prosecution for the criminal offense of sale, distribution, or display of harmful material to a minor.

Similar Bills

No similar bills found.