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

SB 412 amends Texas Penal Code sections 43.24 and 43.25 to add new affirmative defenses for certain offenses involving material or conduct harmful to children. It allows judicial or law enforcement officers to use their official duties as a defense when prosecuted under specific sections, and adds two other defenses: being the child’s spouse or being no more than two years older than the child. The bill applies only to offenses committed on or after its effective date of September 1, 2025, and does not affect past cases. These changes directly affect prosecutors, defendants in such cases, and law enforcement officers acting in their official capacity.