Bill Text: TX SB412 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: Relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.
Sponsorship: Partisan Bill (Republican 15)
Status: (Passed) 2025-05-19 - Effective on 9/1/25 [SB412 Detail]
Download: Texas-2025-SB412-Enrolled.html
| S.B. No. 412 | ||
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| 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 [ |
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| (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 Section 43.24(c), Penal Code, is repealed.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 | ||
