HB 2710

relating to affirmative defenses to prosecution for certain
criminal offenses involving material or conduct that may be obscene
or is otherwise harmful to children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 43.25(f), Penal Code, is amended to read
(f)  It is an affirmative defense to a prosecution under this
(1)  the defendant was the spouse of the child at the
(2)  the conduct was for a bona fide educational,
medical, psychological, psychiatric, judicial, law enforcement, or
[(3)]  the defendant is not more than two years older
SECTION 2.  Section 43.26(c), Penal Code, is amended to read
(c)  The affirmative defenses provided by Section
43.25(f)(2) and (3) also apply to a prosecution under this
section.]  [It is an affirmative defense to a prosecution under this
section that the possession or promotion was for a bona fide
judicial, law enforcement or legislative purpose.]
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  Section 43.24(c), Penal Code, is repealed.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.