Texas Penal Code 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 § 102.051, 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.
Terms Used In Texas Penal Code 43.28
- Another: means a person other than the actor. See Texas Penal Code 1.07
- Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
- Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
- Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Property: means real and personal property. See Texas Government Code 311.005
(c) An offense under this section is a Class A misdemeanor.