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

HB 2030 amends Texas Penal Code sections 43.24, 43.25, and 43.26 to add specific affirmative defenses for certain criminal offenses involving material or conduct that could be considered obscene or harmful to children. It establishes three key defenses: (1) conduct with scientific, educational, governmental, or similar justification; (2) when the defendant is the child’s spouse, engaging in conduct for medical/educational purposes, or being no more than two years older; and (3) judicial or law enforcement purposes. The law applies only to offenses committed on or after September 1, 2025, meaning prior offenses remain under older legal standards. This bill directly affects defendants facing prosecution under these specific sections of the Penal Code.