Texas enacted SB 412, exposing teachers and librarians to prosecution by removing 'harmful material' defenses

On May 19, 2025, Texas Governor Greg Abbott signed Senate Bill 412 into law, a measure enacted during the 89th Legislature that amended the state Penal Code provision on distributing material "harmful to minors." The law removed the affirmative defenses that had long shielded public schools, public libraries, and museums — and the teachers, librarians, and parents acting through them — from prosecution when the material at issue carried recognized educational, medical, scientific, or artistic value. By eliminating those defenses, the statute exposes educators and librarians to criminal charges based on the content of books made available at public institutions. The law took effect September 1, 2025.

The bill was authored by state Sen. Mayes Middleton and sponsored in the House by state Rep. Jared Patterson. Civil-liberties and library organizations, including the ACLU of Texas and the Texas Library Association, said that stripping the value-based defenses converts criminal law into a mechanism for policing library and classroom collections and warned that the resulting enforcement threat would drive broad removals of books through a chilling effect, disproportionately affecting LGBTQ+ titles. Supporters framed the change as closing a loophole that they said allowed sexually explicit material to reach children in schools and libraries.