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PENAL CODE
CHAPTER 21. SEXUAL OFFENSES
Sec. 21.01. DEFINITIONS. In this chapter:
(1) "Deviate sexual intercourse" means:
(A) any contact between any part of the genitals of one person and the
mouth or anus of another person; or
(B) the penetration of the genitals or the anus of another person with an
object.
(2) "Sexual contact" means, except as provided by Section 21.11, any
touching of the anus, breast, or any part of the genitals of another person
with intent to arouse or gratify the sexual desire of any person.
(3) "Sexual intercourse" means any penetration of the female sex organ by
the male sex organ.
(4) "Spouse" means a person to whom a person is legally married under
Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 1, eff. Aug. 27, 1979; Acts 1981,
67th Leg., p. 203, ch. 96, Sec. 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch.
900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 739, Sec. 1, eff.
Sept. 1, 2001; Acts 2005, 79th Leg., ch. 268, Sec. 1.124, eff. Sept. 1, 2005.
Sec. 21.06. HOMOSEXUAL CONDUCT.
[This section was declared unconstitutional by Lawrence v. Texas, 123 S.Ct.
2472.]
(a) A person commits an offense if he engages in deviate sexual intercourse
with another individual of the same sex.
(b) An offense under this section is a Class C misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 21.07. PUBLIC LEWDNESS. (a) A person commits an offense if he
knowingly engages in any of the following acts in a public place or, if not in a
public place, he is reckless about whether another is present who will be
offended or alarmed by his:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse;
(3) act of sexual contact; or
(4) act involving contact between the person's mouth or genitals and the
anus or genitals of an animal or fowl.
(b) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he
exposes his anus or any part of his genitals with intent to arouse or gratify
the sexual desire of any person, and he is reckless about whether another is
present who will be offended or alarmed by his act.
(b) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1983, 68th Leg., p. 509, ch. 924, Sec. 1, eff. Sept. 1, 1983; Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if,
with a child younger than 17 years and not the person's spouse, whether
the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in
sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing
the child is present; or
(B) causes the child to expose the child's anus or any part of the child's
genitals.
(b) It is an affirmative defense to prosecution under this section that the
actor:
(1) was not more than three years older than the victim and of the opposite
sex;
(2) did not use duress, force, or a threat against the victim at the time of the
offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to
register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or
adjudication for an offense under this section.
(c) In this section, "sexual contact" means the following acts, if committed
with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the
anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching
through clothing, with the anus, breast, or any part of the genitals of a
person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and
an offense under Subsection (a)(2) is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff. Sept. 1, 1981; Acts 1987,
70th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001.
Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT.
(a) An employee of a public or private primary or secondary school commits
an offense if the employee engages in sexual contact, sexual intercourse, or
deviate sexual intercourse with a person who is enrolled in a public or
private primary or secondary school at which the employee works and who is
not the employee's spouse.
(b) An offense under this section is a felony of the second degree.
(c) If conduct constituting an offense under this section also constitutes an
offense under another section of this code, the actor may be prosecuted
under either section or both sections.
Added by Acts 2003, 78th Leg., ch. 224, Sec. 1, eff. Sept. 1, 2003.
Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In this
section, "promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic means visually records
another:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person; or
(2) knowing the character and content of the photograph or recording,
promotes a photograph or visual recording described by Subdivision (1).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this section also constitutes
an offense under any other law, the actor may be prosecuted under this
section or the other law.
Added by Acts 2001, 77th Leg., ch. 458, Sec. 1, eff. Sept. 1, 2001. Amended
by Acts 2003, 78th Leg., ch. 500, Sec. 1, eff. Sept. 1, 2003.
CHAPTER 21. SEXUAL OFFENSES
Sec. 21.01. DEFINITIONS. In this chapter:
(1) "Deviate sexual intercourse" means:
(A) any contact between any part of the genitals of one person and the
mouth or anus of another person; or
(B) the penetration of the genitals or the anus of another person with an
object.
(2) "Sexual contact" means, except as provided by Section 21.11, any
touching of the anus, breast, or any part of the genitals of another person
with intent to arouse or gratify the sexual desire of any person.
(3) "Sexual intercourse" means any penetration of the female sex organ by
the male sex organ.
(4) "Spouse" means a person to whom a person is legally married under
Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 1, eff. Aug. 27, 1979; Acts 1981,
67th Leg., p. 203, ch. 96, Sec. 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch.
900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 739, Sec. 1, eff.
Sept. 1, 2001; Acts 2005, 79th Leg., ch. 268, Sec. 1.124, eff. Sept. 1, 2005.
Sec. 21.06. HOMOSEXUAL CONDUCT.
[This section was declared unconstitutional by Lawrence v. Texas, 123 S.Ct.
2472.]
(a) A person commits an offense if he engages in deviate sexual intercourse
with another individual of the same sex.
(b) An offense under this section is a Class C misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 21.07. PUBLIC LEWDNESS. (a) A person commits an offense if he
knowingly engages in any of the following acts in a public place or, if not in a
public place, he is reckless about whether another is present who will be
offended or alarmed by his:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse;
(3) act of sexual contact; or
(4) act involving contact between the person's mouth or genitals and the
anus or genitals of an animal or fowl.
(b) An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he
exposes his anus or any part of his genitals with intent to arouse or gratify
the sexual desire of any person, and he is reckless about whether another is
present who will be offended or alarmed by his act.
(b) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1983, 68th Leg., p. 509, ch. 924, Sec. 1, eff. Sept. 1, 1983; Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if,
with a child younger than 17 years and not the person's spouse, whether
the child is of the same or opposite sex, the person:
(1) engages in sexual contact with the child or causes the child to engage in
sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person's anus or any part of the person's genitals, knowing
the child is present; or
(B) causes the child to expose the child's anus or any part of the child's
genitals.
(b) It is an affirmative defense to prosecution under this section that the
actor:
(1) was not more than three years older than the victim and of the opposite
sex;
(2) did not use duress, force, or a threat against the victim at the time of the
offense; and
(3) at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to
register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or
adjudication for an offense under this section.
(c) In this section, "sexual contact" means the following acts, if committed
with the intent to arouse or gratify the sexual desire of any person:
(1) any touching by a person, including touching through clothing, of the
anus, breast, or any part of the genitals of a child; or
(2) any touching of any part of the body of a child, including touching
through clothing, with the anus, breast, or any part of the genitals of a
person.
(d) An offense under Subsection (a)(1) is a felony of the second degree and
an offense under Subsection (a)(2) is a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by
Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff. Sept. 1, 1981; Acts 1987,
70th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001.
Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT.
(a) An employee of a public or private primary or secondary school commits
an offense if the employee engages in sexual contact, sexual intercourse, or
deviate sexual intercourse with a person who is enrolled in a public or
private primary or secondary school at which the employee works and who is
not the employee's spouse.
(b) An offense under this section is a felony of the second degree.
(c) If conduct constituting an offense under this section also constitutes an
offense under another section of this code, the actor may be prosecuted
under either section or both sections.
Added by Acts 2003, 78th Leg., ch. 224, Sec. 1, eff. Sept. 1, 2003.
Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In this
section, "promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic means visually records
another:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person; or
(2) knowing the character and content of the photograph or recording,
promotes a photograph or visual recording described by Subdivision (1).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this section also constitutes
an offense under any other law, the actor may be prosecuted under this
section or the other law.
Added by Acts 2001, 77th Leg., ch. 458, Sec. 1, eff. Sept. 1, 2001. Amended
by Acts 2003, 78th Leg., ch. 500, Sec. 1, eff. Sept. 1, 2003.