SB 412

Background

Senate Bill 412 amends Sections 43.24 and 43.25 of the Texas Penal Code to narrow the affirmative defenses available in prosecutions for offenses involving material or conduct that is obscene or otherwise harmful to children. The bill was passed on May 19, 2025 and is set to go into effect on September1, 2025.

What is Senate Bill 412?

Under current Texas law, an individual charged with providing sexually explicit material to a child may raise an affirmative defense by asserting that the material was shared for a legitimate scientific, educational, or governmental purpose. Specifically, Section 43.25(f)(2) of the Texas Penal Code provides:

It is an affirmativedefense to a prosecution under this section that: the conduct was for a bonafide educational, medical, psychological, psychiatric, judicial, lawenforcement, or legislative purpose;  

Senate Bill 412 revises thisprovision by narrowing the scope of permissible defenses. The amended languagenow reads:

...at the time of the offense the actor was a judicial, or law enforcement officer discharging the officer's official duties.

As amended, SB 412 eliminates the ability of educators, librarians, and others to rely on an educational or professional justification when facing prosecution under this statute. The affirmative defense is now limited solely to judicial and law enforcement officers acting within the scope of their official duties.

Potential Effects of Senate Bill 412

There has been a lot of debate surrounding this recent Senate Bill. The narrowing of the affirmative defense under SB 412 could have significant implications for educators, librarians, and other professionals who work with minors in educational settings. By removing the statutory protection for bonafide educational purposes, the amended law may expose teachers, school administrators, and library staff to criminal liability for presenting or making available certain materials that, while potentially containing explicit content, are intended for legitimate instructional use.

Many critics say Senate Bill 412 will lead teachers and librarians to remove any materials out of fear it could be seen as too mature. This change may result in increased self-censorship within schools and libraries, as educators and librarians maychoose to avoid materials that touch on sensitive subjects—such as humansexuality, gender identity, or reproductive health—for fear of criminalprosecution.

As of April 2025,there were a minimum of 31 legislative bills—more than in any other state—that would significantly restrict libraries’ ability to acquire and offer diverse materials, resources, and programming, according to the American Library Association. During the 2023–2024 school year, Texas experienced 538 documented book bans, ranking third nationally behind Florida and Iowa, as reported by PEN America, an organization committed to the protection of free expression.

In 2022,Texas accounted for a significant share of book removal efforts nationwide,with 93 documented attempts to restrict access to books in school and publiclibraries. According to the American Library Association’s Office ofIntellectual Freedom, these efforts in Texas alone targeted more than 2,300individual titles. Many of these titles include depictions of gender identity,sexuality, and reproductive health.

Looking Forward

While SB 412 aims to limit the distribution of sexuallyexplicit material to minors, its revised language may have far-reachingconsequences for educators and librarians acting in good faith. By removing theeducational purpose defense, the law risks creating a chilling effect inclassrooms and libraries, discouraging the dissemination of importanteducational content and fostering uncertainty about what is legallypermissible.

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