Text of TX SB 412 (2025)

89R636 JCG-F By: Middleton S.B. No. 412 A BILL TO BE ENTITLED AN ACT relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 43.24(c), Penal Code, is amended to read as follows: (c) It is an affirmative defense to prosecution under this section that the sale, distribution, or exhibition was by a person having a bona fide judicial, law enforcement, or legislative [scientific, educational, governmental, or other similar] justification. 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, 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.

S.B. No. 412 AN ACT relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or 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 adding Subsection (c-2) to read as follows: (c-2) It is an affirmative 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) at the time of the offense the actor was a judicial or law enforcement officer discharging the officer's official duties [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 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. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 412 passed the Senate on March 19, 2025, by the following vote: Yeas 22, Nays 9. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 412 passed the House on May 2, 2025, by the following vote: Yeas 92, Nays 39, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor