| 1 | 1 | | 88R1102 JCG-F |
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| 2 | 2 | | By: Hall S.B. No. 395 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to defenses to prosecution for certain criminal offenses |
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| 8 | 8 | | involving material or conduct that may be obscene or is otherwise |
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| 9 | 9 | | harmful to children. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 43.24, Penal Code, is amended by |
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| 12 | 12 | | amending Subsection (c) and adding Subsection (c-2) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (c) It is not a [an affirmative] defense to prosecution |
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| 15 | 15 | | under this section that the sale, distribution, or exhibition was |
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| 16 | 16 | | by a person having scientific, educational, governmental, or other |
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| 17 | 17 | | similar justification. |
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| 18 | 18 | | (c-2) It is a defense to prosecution under Subsection (b)(1) |
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| 19 | 19 | | or (2) that at the time of the offense the actor was a judicial or |
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| 20 | 20 | | law enforcement officer discharging the officer's official duties. |
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| 21 | 21 | | SECTION 2. Section 43.25(f), Penal Code, is amended to read |
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| 22 | 22 | | as follows: |
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| 23 | 23 | | (f) It is an affirmative defense to a prosecution under this |
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| 24 | 24 | | section that: |
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| 25 | 25 | | (1) the defendant was the spouse of the child at the |
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| 26 | 26 | | time of the offense; |
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| 27 | 27 | | (2) the conduct was for a bona fide [educational, |
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| 28 | 28 | | medical, psychological, psychiatric,] judicial or [,] law |
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| 29 | 29 | | enforcement[, or legislative] purpose; or |
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| 30 | 30 | | (3) the defendant is not more than two years older than |
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| 31 | 31 | | the child. |
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| 32 | 32 | | SECTION 3. The changes in law made by this Act apply only to |
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| 33 | 33 | | an offense committed on or after the effective date of this Act. An |
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| 34 | 34 | | offense committed before the effective date of this Act is governed |
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| 35 | 35 | | by the law in effect on the date the offense was committed, and the |
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| 36 | 36 | | former law is continued in effect for that purpose. For purposes |
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| 37 | 37 | | of this section, an offense was committed before the effective date |
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| 38 | 38 | | of this Act if any element of the offense occurred before that date. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2023. |
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