SB 412

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The Texas Penal Code is the primary source of criminal law in Texas, defining what actions are considered crimes and the penalties for those actions. Everyone is subject to the Texas Penal Code.

Texas Penal Code, Subchapter B, Section 43.24 Sale, Distribution, or Display of Harmful Material to Minor defines “harmful material” and establishes the offense of providing harmful materials to minors.

For decades, that section of the penal code included an affirmative defense to prosecution if there was an educational justification. The affirmative defense language was created to prevent frivolous lawsuits, and to encourage law enforcement and courts to only take up cases involving real harm.

SB 412 Fact Sheet

SB 412, which was passed by the 89th Texas Legislature, signed by Governor Abbott, and becomes effective on September 1, 2025, amends the Texas Penal Code, Subchapter B, Section 43.24 Sale, Distribution or Display of Harmful Material to Minor, by repealing the language which stated “It is an affirmative defense to prosecution under this section that the sale, distribution or exhibition was by a person having a scientific, educational, governmental, or other similar justification.”

It also adds new language clarifying that it is an affirmative defense to prosecution if the person was a judicial or law enforcement officer discharging the officer’s official duties.

SB 412 does not require libraries to review materials in their collection, establish age verification measures, restrict access to materials, or remove materials from the collection.

It also does not change the Texas Penal Code Section 43.24(a)(2) definition of “harmful material”:

Material whose dominant theme taken as a whole:

• Appeals to the prurient interest of a minor in sex, nudity, or excretion;
• Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
• Is utterly without redeeming social value for minors.

All three of these criteria must be met for material to be considered harmful to minors.
If law enforcement receives a complaint from an individual that obscene or harmful material is in a library, they must evaluate the material using this definition before determining if a violation has occurred.