| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to defenses to prosecution for certain offenses involving |
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| 8 | 10 | | material or conduct that is obscene or otherwise harmful to |
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| 9 | 11 | | children. |
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| 10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 13 | | SECTION 1. Section 43.24, Penal Code, is amended by adding |
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| 12 | 14 | | Subsection (c-2) to read as follows: |
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| 13 | 15 | | (c-2) It is an affirmative defense to prosecution under |
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| 14 | 16 | | Subsection (b)(1) or (2) that at the time of the offense the actor |
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| 15 | 17 | | was a judicial or law enforcement officer discharging the officer's |
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| 16 | 18 | | official duties. |
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| 17 | 19 | | SECTION 2. Section 43.25(f), Penal Code, is amended to read |
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| 18 | 20 | | as follows: |
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| 19 | 21 | | (f) It is an affirmative defense to a prosecution under this |
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| 20 | 22 | | section that: |
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| 21 | 23 | | (1) the defendant was the spouse of the child at the |
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| 22 | 24 | | time of the offense; |
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| 23 | 25 | | (2) at the time of the offense the actor was a judicial |
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| 24 | 26 | | or law enforcement officer discharging the officer's official |
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| 25 | 27 | | duties [the conduct was for a bona fide educational, medical, |
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| 26 | 28 | | psychological, psychiatric, judicial, law enforcement, or |
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| 27 | 29 | | legislative purpose]; or |
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| 28 | 30 | | (3) the defendant is not more than two years older than |
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| 29 | 31 | | the child. |
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| 30 | 32 | | SECTION 3. Section 43.24(c), Penal Code, is repealed. |
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| 31 | 33 | | SECTION 4. The changes in law made by this Act apply only to |
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| 32 | 34 | | an offense committed on or after the effective date of this Act. An |
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| 33 | 35 | | offense committed before the effective date of this Act is governed |
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| 34 | 36 | | by the law in effect on the date the offense was committed, and the |
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| 35 | 37 | | former law is continued in effect for that purpose. For purposes of |
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| 36 | 38 | | this section, an offense was committed before the effective date of |
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| 37 | 39 | | this Act if any element of the offense occurred before that date. |
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| 38 | 40 | | SECTION 5. This Act takes effect September 1, 2025. |
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| 39 | | - | ______________________________ ______________________________ |
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| 40 | | - | President of the Senate Speaker of the House |
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| 41 | | - | I hereby certify that S.B. No. 412 passed the Senate on |
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| 42 | | - | March 19, 2025, by the following vote: Yeas 22, Nays 9. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Secretary of the Senate |
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| 45 | | - | I hereby certify that S.B. No. 412 passed the House on |
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| 46 | | - | May 2, 2025, by the following vote: Yeas 92, Nays 39, two present |
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| 47 | | - | not voting. |
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| 48 | | - | ______________________________ |
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| 49 | | - | Chief Clerk of the House |
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| 50 | | - | Approved: |
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| 51 | | - | ______________________________ |
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| 52 | | - | Date |
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| 53 | | - | ______________________________ |
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| 54 | | - | Governor |
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