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  89R8406 JCG-D     By: Hickland H.B. No. 2444       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the criminal offense of harmful   communication to a minor.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 43, Penal Code, is amended   by adding Section 43.245 to read as follows:           Sec.   43.245.     HARMFUL COMMUNICATION TO MINOR. (a)   In this   section:                 (1)     "Communication" means any verbal or written   communication.                 (2)     "Minor" means an individual younger than 18 years   of age.                 (3)     "Sexual conduct" has the meaning assigned by   Section 43.25.                 (4)     "Sexual excitement" means male or female human   genitals in a state of sexual stimulation or arousal.           (b)     A person who is 18 years of age or older commits an   offense if:                 (1)     the person communicates to a minor explicit and   detailed descriptions or narrative accounts of sexual conduct,   sexual excitement, physical torture, or brutality;                   (2)     the person knows or reasonably should know that   the individual to whom the communication is made is a minor; and                 (3)  the communication is harmful to minors.           (c)     For purposes of Subsection (b)(3), a communication is   harmful to minors if the dominant theme of the communication taken   as a whole:                 (1)     appeals to the prurient interest of a minor, in   sex, nudity, or excretion;                 (2)     is patently offensive to prevailing standards in   the adult community as a whole with respect to what is suitable for   minors; and                 (3)     is utterly without redeeming social value for   minors.           (d)     The affirmative defenses provided by Section 22.011(e)   also apply to a prosecution under this section.           (e)  An offense under this section is a Class A misdemeanor.           (f)     If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.          SECTION 2.  This Act takes effect September 1, 2025.