HB4579 - Relating to prosecution for the criminal offenses of sale, distribution, or display of harmful material to a minor and sexual performance by a child; increasing criminal penalties.

  89R15605 JCG-F     By: Morgan H.B. No. 4579       A BILL TO BE ENTITLED   AN ACT   relating to prosecution for the criminal offenses of sale,   distribution, or display of harmful material to a minor and sexual   performance by a child; increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 43.24(c), (c-1), and (d), Penal Code,   are amended to read as follows:          (c)  It is not a [ an affirmative ] defense to prosecution   under this section that :                 (1)   the sale, distribution, or exhibition was by a   person having scientific, educational, governmental, or other   similar justification ; or [ . ]                 (2)   [ (c-1)     It is a defense to prosecution under this   section that ] the actor was the spouse of the minor at the time of   the offense.          (d)  An offense under this section is a [ Class A misdemeanor   unless it is committed under Subsection (b)(3) in which event it is   a ] felony of the second [ third ] degree.          SECTION 2.  Section 43.25(e), Penal Code, is amended to read   as follows:          (e)  An offense under this section [ Subsection (d) ] is a   felony of the first [ third ] degree[ , except that the offense is a   felony of the second degree if the victim is younger than 14 years   of age at the time the offense is committed, regardless of whether   the actor knows the age of the victim at the time of the offense ].          SECTION 3.  Section 411.1471(a), Government Code, is amended   to read as follows:          (a)  This section applies to a defendant who is:                (1)  arrested for any offense punishable as a felony;   or                (2)  convicted of an offense:                      (A)  under Title 5, Penal Code, that is punishable   as a Class A misdemeanor, except for an offense punishable as a   Class A misdemeanor under Section 22.05, Penal Code; or                      (B)  punishable as a Class A or B misdemeanor, as   applicable, under Section 21.08 or [ , ] 25.04, [ or 43.24, ] Penal   Code.          SECTION 4.  Section 43.25(c), Penal Code, is repealed.          SECTION 5.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act is governed   by the law in effect on the date the offense was committed, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed before the effective date of   this Act if any element of the offense occurred before that date.          SECTION 6.  This Act takes effect September 1, 2025.