SB412

Regular Session

Relating to defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

CriticalImmediate action required

High Cost

Effective:2025-09-01

Enforcing Agencies

Local Law Enforcement Agencies • District Attorneys • County Attorneys

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025
*Note:* There is no grace period. All inventory and protocols must be compliant by 12:01 AM on this date.
Agency Rulemaking: None.
*Critical Warning:* Because this amends the Penal Code rather than administrative law, there will be no agency guidance or "public comment period" to clarify definitions. Clarification will only occur through criminal prosecution and subsequent case law.

Immediate Action Plan

1. Conduct Inventory Audit: Immediately review all library collections, retail inventory, and educational materials; segregate or remove any content containing sexual depictions.
2. Update Insurance: Contact your carrier to determine coverage gaps regarding criminal prosecution of employees.
3. Establish Age-Gating: Physically or digitally separate "New Adult" or mature content and implement mandatory ID verification protocols.
4. Issue Staff Directives: Circulate a memo explicitly prohibiting the reliance on "educational purpose" as a justification for bypassing age restrictions.

Operational Changes Required

Contracts

Vendor Indemnification: Update Master Service Agreements (MSAs) with content distributors (publishers, ed-tech software) to require indemnification if they supply material labeled "educational" that triggers a "harmful to minors" prosecution.
Employment Agreements: Expect demands from licensed professionals (librarians, therapists) for contractual legal defense support. Define the scope of employer-provided counsel clearly, as criminal acts are often excluded from standard corporate protections.
User Agreements: Update Acceptable Use Policies (AUPs) for patrons and clients to explicitly state that access to materials is restricted by state statute, removing discretion from front-line staff.

Hiring/Training

Mandatory Re-Training: All staff interacting with minors or inventory must undergo training on the revised Texas Penal Code 43.24 and 43.25. They must understand that "educational value" is no longer a valid justification for possession or display of restricted content.
Compliance Officer Designation: Appoint a specific officer responsible for final content adjudication. Do not leave "harmful" determinations to front-line employees.

Reporting & Record-Keeping

Vetting Logs: Establish an internal "Content Review Log" documenting that specific materials were reviewed and deemed compliant *before* being made accessible. This demonstrates due diligence.
Age Verification Records: Implement and archive logs of government-issued ID checks for access to age-restricted areas or collections.
Incident Reports: Document all denials of access to minors to establish a pattern of strict enforcement.

Fees & Costs

Insurance Review: Standard General Liability and D&O policies typically exclude criminal acts. You must immediately consult your broker regarding "Criminal Defense Cost Reimbursement" endorsements or specialized coverage for regulatory/obscenity proceedings.
Audit Costs: Budget for legal counsel to review current collections, curricula, and clinical protocols prior to the September deadline.

Strategic Ambiguities & Considerations

The "Serious Value" Vacuum: Without the statutory educational/medical defense, the determination of whether a work lacks "serious literary, artistic, political, or scientific value" (the *Miller* test) shifts entirely to local prosecutors and juries.
Jurisdictional Variance: Enforcement will vary significantly by county. A book or medical diagram considered legal in one jurisdiction may be prosecuted in another. Multi-site organizations must adopt the standards of the most conservative jurisdiction in which they operate to ensure statewide compliance.
Clinical Recordings: The removal of the psychiatric defense for "sexual performance by a child" (PC 43.25) creates ambiguity for mental health professionals recording trauma therapy sessions. Legal counsel should review these protocols immediately.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--against Persons Crimes--against Persons--general Crimes--against Persons--sexual Criminal Procedure Criminal Procedure--general Libraries & Librarians Minors Minors--crimes Against Library Collection Development & Materials Courts Courts--judges Law Enforcement

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 412
89R636 JCG-F	By: Middleton
	Criminal Justice
	2/26/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The ability of Texas public schools to legally allow obscene instructional material and school district's lack of transparency on the issue has led to an increased amount of access to sexually explicit, obscene, and age-inappropriate content for Texas students. This material has a detrimental effect on children as their identities are still developing.

The affirmative defense to the crime of "Sale, Distribution, or Display of Harmful Material to Minors" is overly broad and offers a disproportionate amount of protection compared to the harm posed to minors. This bill seeks to narrow the scope of the affirmative defense and deter harmful acts of obscenity.

S.B. 412 relates to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children. It amends sections of the Texas Penal Code to specify conditions under which affirmative defenses can be claimed.

As proposed, S.B. 412 amends current law relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 43.24(c), Penal Code, as follows:

(c) Provides that it is an affirmative defense to prosecution under Section 43.24 (Sale, Distribution, or Display of Harmful Material to Minor) that the sale, distribution or exhibition was by a person having a bona fide judicial, law enforcement, or legislative justification, rather than having scientific, educational, governmental, or other similar justification.

SECTION 2. Amends Section 43.25(f), Penal Code, as follows:

(f) Provides that it is an affirmative defense to a prosecution under Section 43.25 (Sexual Performance by a Child) that the conduct was for a bona fide judicial, law enforcement, or legislative purpose. Deletes existing text providing that it is an affirmative defense to a prosecution under this section that the conduct was for a bona fide educational, medical, psychological, or psychiatric purpose.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2025.

Senate Authors

Sen. Mayes MiddletonRepublican · Primary Author

Coauthors (6)

House Sponsors

Rep. Jared PattersonRepublican · Primary Sponsor

Joint Sponsors

Cosponsors (3)

Bill Text(with markup)

S.B. No. 412

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to defenses to prosecution for certain offenses involving
	material or conduct that is obscene or otherwise harmful to
	children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 43.24, Penal Code, is amended by adding
	Subsection (c-2) to read as follows:
	(c-2) It is an affirmative defense to prosecution under
	Subsection (b)(1) or (2) that at the time of the offense the actor
	was a judicial or law enforcement officer discharging the officer's
	official duties.
	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) at the time of the offense the actor was a judicial
	or law enforcement officer discharging the officer's official
	duties [~~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. Section 43.24(c), Penal Code, is repealed.
	SECTION 4. 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 5. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 3, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB412 by Middleton (Relating to affirmative defenses to prosecution for certain offenses involving material or conduct that is obscene or otherwise harmful to children.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the affirmative defense to prosecution of the offense of sale, distribution, or display of harmful material to a minor by replacing scientific, educational, governmental, or other similar justifications with judicial, law enforcement, or legislative justifications and amend the affirmative defense to prosecution of the offense of sexual performance by a child by excluding educational, medical, psychological, and psychiatric justifications. It is assumed that any fiscal impact and any impact on state correctional populations or on the demand for state correctional resources would not be significant.

Local Government Impact

It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, MGol, DGI, QH

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Frequently Asked Questions

Common questions about SB412

What does Texas SB412 do?

SB412 eliminates the "educational, medical, psychological, psychiatric, and scientific" affirmative defenses against criminal prosecution for distributing material deemed harmful to minors or involving sexual conduct by a child. This legislation exposes libraries, educational institutions, healthcare providers, and retailers to strict criminal liability effective September 1, 2025, regardless of the material's intended educational or therapeutic purpose. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 Note: There is no grace period.

Who authored SB412?

SB412 was authored by Texas Senator Mayes Middleton during the Regular Session.

When was SB412 signed into law?

SB412 was signed into law by Governor Greg Abbott on May 19, 2025.

Which agencies enforce SB412?

SB412 is enforced by Local Law Enforcement Agencies, District Attorneys and County Attorneys.

How urgent is compliance with SB412?

The compliance urgency for SB412 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB412?

The cost impact of SB412 is estimated as "high". This may vary based on industry and implementation requirements.

What topics does SB412 address?

SB412 addresses topics including crimes, crimes--against persons, crimes--against persons--general, crimes--against persons--sexual and criminal procedure.

Legislative data provided by LegiScanLast updated: November 25, 2025

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