89R8406 JCG-D
By: Hickland H.B. No. 2444
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the criminal offense of harmful
communication to a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended
by adding Section 43.245 to read as follows:
Sec. 43.245. HARMFUL COMMUNICATION TO MINOR. (a) In this
section:
(1) "Communication" means any verbal or written
communication.
(2) "Minor" means an individual younger than 18 years
of age.
(3) "Sexual conduct" has the meaning assigned by
Section 43.25.
(4) "Sexual excitement" means male or female human
genitals in a state of sexual stimulation or arousal.
(b) A person who is 18 years of age or older commits an
offense if:
(1) the person communicates to a minor explicit and
detailed descriptions or narrative accounts of sexual conduct,
sexual excitement, physical torture, or brutality;
(2) the person knows or reasonably should know that
the individual to whom the communication is made is a minor; and
(3) the communication is harmful to minors.
(c) For purposes of Subsection (b)(3), a communication is
harmful to minors if the dominant theme of the communication taken
as a whole:
(1) appeals to the prurient interest of a minor, in
sex, nudity, or excretion;
(2) is patently offensive to prevailing standards in
the adult community as a whole with respect to what is suitable for
minors; and
(3) is utterly without redeeming social value for
minors.
(d) The affirmative defenses provided by Section 22.011(e)
also apply to a prosecution under this section.
(e) An offense under this section is a Class A misdemeanor.
(f) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 2. This Act takes effect September 1, 2025.