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

SB 89 amends Texas Penal Code sections 43.24 and 43.25 to change legal defenses for criminal cases involving material or conduct deemed harmful to children. It removes "scientific or educational" justifications as a defense while adding new ones: (1) if the defendant was a law enforcement or judicial officer acting in their official duties, and (2) if the conduct was between spouses, for legitimate educational/medical/judicial purposes, or involved a defendant within two years of the child's age. The bill applies only to offenses committed on or after its effective date of September 1, 2025, leaving prior cases governed by older law. It directly affects defendants charged with these offenses and prosecutors seeking to prove them.