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TX SB89
Bill
Status
11/12/2024
Primary Sponsor
Bob Hall
Click for details
AI Summary
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Eliminates the affirmative defense for "scientific, educational, governmental, or other similar justification" in prosecutions for sale, distribution, or exhibition of harmful material to minors under Section 43.24 of the Penal Code
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Creates a new defense specifically for judicial or law enforcement officers discharging official duties when prosecuted for distributing harmful material to minors
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Narrows affirmative defenses for sexual performance by a child (Section 43.25) by removing educational, medical, psychological, psychiatric, and legislative purposes as valid defenses
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Retains affirmative defenses for sexual performance by a child only if: the defendant was the spouse of the child, the conduct was for judicial or law enforcement purposes, or the defendant is not more than two years older than the child
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Applies only to offenses committed on or after September 1, 2025
Legislative Description
Relating to defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.
Crimes
Last Action
Referred to Criminal Justice
2/3/2025