Texas House Bill HB1012

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

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

Impact

If enacted, the law will amend Section 43.24(a)(2) of the Penal Code to define harmful material more precisely. The intent is to provide law enforcement and prosecutors with a clearer framework for addressing offenses related to the dissemination of content deemed harmful to minors. Notably, the measure states that the amendments will only apply to offenses committed on or after the effective date, thus ensuring that past offenses are governed by the laws in place at the time of commission.

Summary

House Bill 1012 aims to modify the existing laws regarding the prosecution of individuals involved in the sale, distribution, or display of harmful materials to minors. The legislation seeks to clarify what constitutes harmful material by emphasizing its appeal to the prurient interest of minors, as well as its potential offensiveness to community standards. This bill emerges from ongoing concerns regarding protecting minors from inappropriate and potentially damaging materials, particularly regarding sexual content and obscenity.

Contention

There may be points of contention surrounding the interpretation of what qualifies as harmful material and who gets to define community standards. Critics of this bill may raise concerns about the potential for overreach, leading to the suppression of legitimate artistic and educational materials. Supporters, however, argue that the bill is a necessary update to ensure the protection of minors in an increasingly complicated media landscape.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 43. Public Indecency
  • Section: 24