88R2675 JCG-D     By: Capriglione H.B. No. 2602       A BILL TO BE ENTITLED   AN ACT   relating to defenses to prosecution for certain criminal offenses   involving material or conduct that may be obscene or is otherwise   harmful to children.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 43.24(c), Penal Code, is amended to read   as follows:          (c)  It is an affirmative defense to prosecution under this   section that the sale, distribution, or exhibition was by a person   having scientific, [educational,] governmental, or other similar   justification.          SECTION 2.  Section 43.25(f), Penal Code, is amended to read   as follows:          (f)  It is an affirmative defense to a prosecution under this   section that:                (1)  the defendant was the spouse of the child at the   time of the offense;                (2)  the conduct was for a bona fide [educational,]   medical, psychological, psychiatric, judicial, law enforcement, or   legislative purpose; or                (3)  the defendant is not more than two years older than   the child.          SECTION 3.  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 4.  This Act takes effect September 1, 2023.