Caption: Relating to affirmative defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or is otherwise harmful to children.
Initially Referred to House State Affairs Committee, chaired by a RepublicanRPT Priority #3: Stop Sexualizing Texas' Kids ENDORSED Christin Bentley:
"There is absolutely no justification for providing a child with pornography, nor is there any reason for a child to perform sexually for an adult. Yet, Texas offers affirmative defenses that allow the sale, distribution, or display of harmful material to a minor, as well as sexual performance by a child, for educational, medical, psychological, psychiatric, judicial, law enforcement, or legislative purposes. HB 2710 eliminates the affirmative defenses in Texas Penal Code 43.24 (harmful material) and 43.25 (sexual performance by a child), and narrows the affirmative defenses in Texas Penal Code 43.26 (possession of child pornography) to only include bona fide law enforcement, judicial, and legislative purposes. " |
| HB 2710 modifies affirmative defenses to certain criminal offenses related to obscene materials or conduct harmful to children. It removes the existing affirmative defense for possessing or promoting obscene material if done for a "bona fide judicial, law enforcement, or legislative purpose." It also clarifies that a defendant may claim an affirmative defense if they were the spouse of the child at the time of the offense or if they are no more than two years older than the child involved. The bill applies to offenses committed on or after September 1, 2025. |
Co-authors: Harris (R); Hayes (R); Hickland (R); Hopper (R); Kerwin (R); Lozano (R); Money (R); Shofner (R); Tinderholt (R); Virdell (R) |
