SB412

SB412 removes or narrows purpose-based defenses to two existing crimes involving minors. For sale, distribution or display of harmful material under Penal Code 43.24, it repeals the affirmative defense based on scientific, educational, governmental or similar justification. It adds a narrower affirmative defense for a judicial or law-enforcement officer discharging official duties at the time, and only for offenses under 43.24(b)(1) or (2)—not the separate offense of using a minor to assist those acts under (b)(3). Final five-section law; Prior harmful-material statute.

For sexual performance by a child under 43.25, it replaces the defense for a bona fide educational, medical, psychological, psychiatric, judicial, law-enforcement or legislative purpose with the official-duty defense for judicial or law-enforcement officers. The separate affirmative defenses for a defendant who was the child’s spouse or is not more than two years older remain. The spouse defense in 43.24 also remains; it is a defense, not labeled an affirmative defense. Prior child-performance statute; Enacted replacements and repeal.

An affirmative defense generally requires the defendant to prove it by a preponderance of the evidence—more likely than not—if supported by evidence and submitted to the jury. Removing one is not the same as removing the prosecution’s obligation to prove every element of the crime beyond a reasonable doubt. The bill does not change the underlying offense definitions or penalty grades. Affirmative-defense rule; Proof of offense elements.

In particular, 43.24’s existing definition of harmful material requires its dominant theme, taken as a whole, to meet all three statutory conditions: appeal to a minor’s prurient interest in sex, nudity or excretion; be patently offensive under the stated adult-community standard for minors; and be utterly without redeeming social value for minors. The statute also specifies the required knowledge and, for display, recklessness. A book’s disputed subject matter or the repeal of a defense does not by itself establish those elements. This briefing explains the statutory amendments, not a court ruling about a particular book, lesson or medical practice. Definitions and offense elements.

Signed May 19, 2025, the law took effect September 1, 2025. It applies only to offenses committed on or after that date; if any element occurred before then, the prior law continues to govern that offense. Official history; Transition rule.