By: Little H.B. No. 2710
A BILL TO BE ENTITLED
AN ACT
relating to affirmative defenses to prosecution for certain
criminal offenses involving material or conduct that may be obscene
or is otherwise harmful to children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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; or
(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 2. Section 43.26(c), Penal Code, is amended to read
as follows:
(c) The affirmative defenses provided by Section
43.25(f)(2) and (3) also apply to a prosecution under this
section.] [It is an affirmative defense to a prosecution under this
section that the possession or promotion was for a bona fide
judicial, law enforcement or legislative purpose.]
SECTION 3. Section 43.24(c), Penal Code, is repealed.
SECTION 4. 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 5. This Act takes effect September 1, 2025.