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TX SB412

Bill

Status

Passed

5/19/2025

Primary Sponsor

Mayes Middleton

Click for details

Origin

Senate

89th Legislature Regular Session

AI Summary

  • Adds an affirmative defense for judicial and law enforcement officers discharging official duties when prosecuted for sale, distribution, or display of harmful material to minors under Section 43.24 of the Texas Penal Code

  • Narrows the affirmative defense for sexual performance by a child (Section 43.25) by removing the broad exception for "bona fide educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purpose" and replacing it with a defense limited only to judicial or law enforcement officers performing official duties

  • Repeals Section 43.24(c) of the Penal Code, which previously provided broader defenses to prosecution for harmful material to minors

  • Applies only to offenses committed on or after September 1, 2025; prior offenses remain governed by former law

  • Passed the Senate 22-9 on March 19, 2025 and the House 92-39 on May 2, 2025

Legislative Description

Relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

Crimes

Last Action

Effective on 9/1/25

5/19/2025

Committee Referrals

State Affairs4/9/2025
Criminal Justice2/3/2025

Full Bill Text

No bill text available