HB 2444

relating to the creation of the criminal offense of harmful
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter B, Chapter 43, Penal Code, is amended
by adding Section 43.245 to read as follows:
Sec. 43.245.  HARMFUL COMMUNICATION TO MINOR.  (a)  In this
(1)  "Communication" means any verbal or written
(2)  "Minor" means an individual younger than 18 years
(3)  "Sexual conduct" has the meaning assigned by
(4)  "Sexual excitement" means male or female human
genitals in a state of sexual stimulation or arousal.
(b)  A person who is 18 years of age or older commits an
(1)  the person communicates to a minor explicit and
detailed descriptions or narrative accounts of sexual conduct,
sexual excitement, physical torture, or brutality;
(2)  the person knows or reasonably should know that
the individual to whom the communication is made is a minor; and
(3)  the communication is harmful to minors.
(c)  For purposes of Subsection (b)(3), a communication is
harmful to minors if the dominant theme of the communication taken
(1)  appeals to the prurient interest of a minor, in
(2)  is patently offensive to prevailing standards in
the adult community as a whole with respect to what is suitable for
(3)  is utterly without redeeming social value for
(d)  The affirmative defenses provided by Section 22.011(e)
also apply to a prosecution under this section.
(e)  An offense under this section is a Class A misdemeanor.
(f)  If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 2.  This Act takes effect September 1, 2025.