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

SB 242 amends Texas Penal Code sections 43.24 and 43.25 to add specific affirmative defenses for criminal prosecutions involving obscene material or conduct harmful to children. It allows defendants to argue that material was distributed for scientific, educational, governmental, or similar justifications (Section 43.24(c)), or that conduct involved a spouse of the child, served an educational/medical purpose, or involved a defendant no more than two years older than the child (Section 43.25(f)). These defenses apply only to offenses committed on or after September 1, 2025, with prior offenses governed by existing law. The bill directly affects individuals prosecuted under these sections for distributing material or engaging in conduct involving minors. It creates concrete legal pathways for defendants to challenge prosecutions based on specific justifications.