HB 4579

relating to prosecution for the criminal offenses of sale,
distribution, or display of harmful material to a minor and sexual
performance by a child; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 43.24(c), (c-1), and (d), Penal Code,
are amended to read as follows:
(c)  It is not a [an affirmative] defense to prosecution
(1)  the sale, distribution, or exhibition was by a
person having scientific, educational, governmental, or other
(2)  [(c-1)  It is a defense to prosecution under this
section that] the actor was the spouse of the minor at the time of
(d)  An offense under this section is a [Class A misdemeanor
unless it is committed under Subsection (b)(3) in which event it is
a] felony of the second [third] degree.
SECTION 2.  Section 43.25(e), Penal Code, is amended to read
(e)  An offense under this section [Subsection (d)] is a
felony of the first [third] degree[, except that the offense is a
felony of the second degree if the victim is younger than 14 years
of age at the time the offense is committed, regardless of whether
the actor knows the age of the victim at the time of the offense].
SECTION 3.  Section 411.1471(a), Government Code, is amended
(a)  This section applies to a defendant who is:
(1)  arrested for any offense punishable as a felony;
(A)  under Title 5, Penal Code, that is punishable
as a Class A misdemeanor, except for an offense punishable as a
Class A misdemeanor under Section 22.05, Penal Code; or
(B)  punishable as a Class A or B misdemeanor, as
applicable, under Section 21.08 or[,] 25.04, [or 43.24,] Penal
SECTION 4.  Section 43.25(c), Penal Code, is repealed.
SECTION 5.  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 6.  This Act takes effect September 1, 2025.