89R2424 JCG-F
By: Hall S.B. No. 89
A BILL TO BE ENTITLED
AN ACT
relating to 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 43.24, Penal Code, is amended by
amending Subsection (c) and adding Subsection (c-2) to read as
follows:
(c) It is not a [an affirmative] defense to prosecution
under this section that the sale, distribution, or exhibition was
by a person having scientific, educational, governmental, or other
similar justification.
(c-2) It is a defense to prosecution under Subsection (b)(1)
or (2) that at the time of the offense the actor was a judicial or
law enforcement officer discharging the officer's official duties.
SECTION 2. 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;
(2) the conduct was for a bona fide [educational,
medical, psychological, psychiatric,] judicial or [,] law
enforcement[, or legislative] purpose; or
(3) the defendant is not more than two years older than
the child.
SECTION 3. 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 4. This Act takes effect September 1, 2025.