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

HB 267 amends Texas Penal Code sections 43.24 and 43.25 to add specific affirmative defenses for defendants accused of distributing obscene or harmful material involving children. It allows defenses if the conduct was for judicial, law enforcement, or legislative purposes (Section 43.24(c)), or if the defendant was a spouse, acting for educational/medical purposes, or within two years of the child’s age (Section 43.25(f)). The bill applies only to offenses committed on or after September 1, 2025, and does not change existing criminal penalties. As of May 2025, the bill remains pending in the legislature after being postponed and laid on the table.