Tex.
Penal Code Section 43.28
Certain Sexually Oriented Performances Prohibited
(a)
In this section:(1)
“Sexual conduct” means:(A)
the exhibition or representation, actual or simulated, of sexual acts, including vaginal sex, anal sex, and masturbation;(B)
the exhibition or representation, actual or simulated, of male or female genitals in a lewd state, including a state of sexual stimulation or arousal;(C)
the exhibition of a device designed and marketed as useful primarily for the sexual stimulation of male or female genitals;(D)
actual contact or simulated contact occurring between one person and the buttocks, breast, or any part of the genitals of another person; or(E)
the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics.(2)
“Sexually oriented performance” means a visual performance that:(A)
features:(i)
a performer who is nude, as defined by Section 102.051 (Definitions), Business & Commerce Code; or(ii)
any other performer who engages in sexual conduct; and(B)
appeals to the prurient interest in sex.(b)
A person commits an offense if, regardless of whether compensation for the performance is expected or received, the person engages in a sexually oriented performance:(1)
on public property at a time, in a place, and in a manner that could reasonably be expected to be viewed by a child; or(2)
in the presence of an individual younger than 18 years of age.(c)
An offense under this section is a Class A misdemeanor.
Source:
Section 43.28 — Certain Sexually Oriented Performances Prohibited, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.43.htm#43.28 (accessed May 4, 2024).
