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

HB 1434 amends Texas Penal Code sections 43.24 and 43.25 to expand affirmative defenses in prosecutions involving offenses related to obscene or harmful material/conduct involving children. It adds "scientific, educational, governmental, or other similar" justification as a defense for selling/distributing such material (Section 43.24(c)), and expands defenses for certain offenses to include being a child's spouse, having an educational/medical purpose, or being within two years of the child's age (Section 43.25(f)). The bill directly affects prosecutors and defendants in cases involving child safety material, particularly those claiming educational or official purposes. It applies only to offenses committed on or after its effective date of September 1, 2025.