PENAL CODE
CHAPTER 43. PUBLIC INDECENCY SUBCHAPTER A. PROSTITUTION
Sec. 43.01. DEFINITIONS. In this subchapter:
(1) "Deviate sexual intercourse" means any contact between the genitals of one person
and the mouth or anus of another person.
(2) "Prostitution" means the offense defined in Section 43.02.
(3) "Sexual contact" means 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.
(4) "Sexual conduct" includes deviate sexual intercourse, sexual contact, and sexual
intercourse.
(5) "Sexual intercourse" means any penetration of the female sex organ by the male sex
organ.
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. 2, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec. 43.02. PROSTITUTION. (a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or
pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a
person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor, unless the actor has
previously been convicted one or two times of an offense under this section, in which
event it is a Class A misdemeanor. If the actor has previously been convicted three or
more times of an offense under this section, the offense is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977,
65th Leg., p. 757, ch. 286, Sec. 1, eff. May 27, 1977; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 987, Sec. 1, eff. Sept. 1, 2001.
Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person commits an offense if, acting
other than as a prostitute receiving compensation for personally rendered prostitution
services, he or she knowingly:
(1) receives money or other property pursuant to an agreement to participate in the
proceeds of prostitution; or
(2) solicits another to engage in sexual conduct with another person for compensation.
(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 1977,
65th Leg., p. 758, ch. 287, Sec. 1, eff. May 27, 1977; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A person commits an
offense if he knowingly owns, invests in, finances, controls, supervises, or manages a
prostitution enterprise That uses two or more prostitutes.
(b) An offense under this section is a felony of the third degree.
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. 43.05. COMPELLING PROSTITUTION. (a) A person commits an offense if he
knowingly:
(1) causes another by force, threat, or fraud to commit prostitution; or
(2) causes by any means a person younger than 17 years to commit prostitution.
(b) An offense under this section is a felony of the second degree.
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. 43.06. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY. (a) A party to an
offense under this subchapter may be required to furnish evidence or testify about the
offense.
(b) A party to an offense under this subchapter may not be prosecuted for any offense
about which he is required to furnish evidence or testify, and the evidence and
testimony may not be used against the party in any adjudicatory proceeding except a
prosecution for aggravated perjury.
(c) For purposes of this section, "adjudicatory proceeding" means a proceeding before a
court or any other agency of government in which the legal rights, powers, duties, or
privileges of specified parties are determined.
(d) A conviction under this subchapter may be had upon the uncorroborated testimony
of a party to the offense.
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.
SUBCHAPTER B. OBSCENITY
Sec. 43.21. DEFINITIONS. (a) In this subchapter:
(1) "Obscene" means material or a performance That:
(A) the average person, applying contemporary community standards, would find That
taken as a whole appeals to the prurient interest in sex;
(B) depicts or describes:
(i) patently offensive representations or descriptions of ultimate sexual acts, normal or
perverted, actual or simulated, including sexual intercourse, sodomy, and sexual
bestiality; or
(ii) patently offensive representations or descriptions of masturbation, excretory
functions, sadism, masochism, lewd exhibition of the genitals, the male or female
genitals in a state of sexual stimulation or arousal, covered male genitals in a
discernibly turgid state or a device designed and marketed as useful primarily for
stimulation of the human genital organs; and
(C) taken as a whole, lacks serious literary, artistic, political, and scientific value.
(2) "Material" means anything tangible That is capable of being used or adapted to
arouse interest, whether through the medium of reading, observation, sound, or in any
other manner, but does not include an actual three dimensional obscene device.
(3) "Performance" means a play, motion picture, dance, or other exhibition performed
before an audience.
(4) "Patently offensive" means so offensive on its face as to affront current community
standards of decency.
(5) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver,
transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or
advertise, or to offer or agree to do the same.
(6) "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver,
transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do
the same for purpose of resale.
(7) "Obscene device" means a device including a dildo or artificial vagina, designed or
marketed as useful primarily for the stimulation of human genital organs.
(b) If any of the depictions or descriptions of sexual conduct described in this section are
declared by a court of competent jurisdiction to be unlawfully included herein, this
declaration shall not invalidate this section as to other patently offensive sexual conduct
included herein.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975,
64th Leg., p. 372, ch. 163, Sec. 1, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1974, ch.
778, Sec. 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994.
Sec. 43.22. OBSCENE DISPLAY OR DISTRIBUTION. (a) A person commits an offense if
he intentionally or knowingly displays or distributes an obscene photograph, drawing,
or similar visual representation or other obscene material and is reckless about whether
a person is present who will be offended or alarmed by the display or distribution.
(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. 43.23. OBSCENITY. (a) A person commits an offense if, knowing its content and
character, he wholesale promotes or possesses with intent to wholesale promote any
obscene material or obscene device.
(b) Except as provided by Subsection (h), an offense under Subsection (a) is a state jail
felony.
(c) A person commits an offense if, knowing its content and character, he:
(1) promotes or possesses with intent to promote any obscene material or obscene device;
or
(2) produces, presents, or directs an obscene performance or participates in a portion
thereof That is obscene or That contributes to its obscenity.
(d) Except as provided by Subsection (h), an offense under Subsection (c) is a Class A
misdemeanor.
(e) A person who promotes or wholesale promotes obscene material or an obscene device
or possesses the same with intent to promote or wholesale promote it in the course of his
business is presumed to do so with knowledge of its content and character.
(f) A person who possesses six or more obscene devices or identical or similar obscene
articles is presumed to possess them with intent to promote the same.
(g) It is an affirmative defense to prosecution under this section That the person who
possesses or promotes material or a device proscribed by this section does so for a bona
fide medical, psychiatric, judicial, legislative, or law enforcement purpose.
(h) The punishment for an offense under Subsection (a) is increased to the punishment
for a felony of the third degree and the punishment for an offense under Subsection (c) is
increased to the punishment for a state jail felony if it is shown on the trial of the offense
That obscene material That is the subject of the offense visually depicts activities
described by Section 43.21(a)(1)(B) engaged in by:
(1) a child younger than 18 years of age at the time the image of the child was made;
(2) an image That to a reasonable person would be virtually indistinguishable from the
image of a child younger than 18 years of age; or
(3) an image created, adapted, or modified to be the image of an identifiable child.
(i) In this section, "identifiable child" means a person, recognizable as an actual person
by the person's face, likeness, or other distinguishing characteristic, such as a unique
birthmark or other recognizable feature:
(1) who was younger than 18 years of age at the time the visual depiction was created,
adapted, or modified; or
(2) whose image as a person younger than 18 years of age was used in creating,
adapting, or modifying the visual depiction.
(j) An attorney representing the state who seeks an increase in punishment under
Subsection (h)(3) is not required to prove the actual identity of an identifiable child.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979,
66th Leg., p. 1975, ch. 778, Sec. 2, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1005, Sec. 1, eff. Sept. 1, 2003.
CHAPTER 43. PUBLIC INDECENCY SUBCHAPTER A. PROSTITUTION
Sec. 43.01. DEFINITIONS. In this subchapter:
(1) "Deviate sexual intercourse" means any contact between the genitals of one person
and the mouth or anus of another person.
(2) "Prostitution" means the offense defined in Section 43.02.
(3) "Sexual contact" means 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.
(4) "Sexual conduct" includes deviate sexual intercourse, sexual contact, and sexual
intercourse.
(5) "Sexual intercourse" means any penetration of the female sex organ by the male sex
organ.
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. 2, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec. 43.02. PROSTITUTION. (a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or
pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a
person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor, unless the actor has
previously been convicted one or two times of an offense under this section, in which
event it is a Class A misdemeanor. If the actor has previously been convicted three or
more times of an offense under this section, the offense is a state jail felony.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977,
65th Leg., p. 757, ch. 286, Sec. 1, eff. May 27, 1977; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 987, Sec. 1, eff. Sept. 1, 2001.
Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person commits an offense if, acting
other than as a prostitute receiving compensation for personally rendered prostitution
services, he or she knowingly:
(1) receives money or other property pursuant to an agreement to participate in the
proceeds of prostitution; or
(2) solicits another to engage in sexual conduct with another person for compensation.
(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 1977,
65th Leg., p. 758, ch. 287, Sec. 1, eff. May 27, 1977; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A person commits an
offense if he knowingly owns, invests in, finances, controls, supervises, or manages a
prostitution enterprise That uses two or more prostitutes.
(b) An offense under this section is a felony of the third degree.
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. 43.05. COMPELLING PROSTITUTION. (a) A person commits an offense if he
knowingly:
(1) causes another by force, threat, or fraud to commit prostitution; or
(2) causes by any means a person younger than 17 years to commit prostitution.
(b) An offense under this section is a felony of the second degree.
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. 43.06. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY. (a) A party to an
offense under this subchapter may be required to furnish evidence or testify about the
offense.
(b) A party to an offense under this subchapter may not be prosecuted for any offense
about which he is required to furnish evidence or testify, and the evidence and
testimony may not be used against the party in any adjudicatory proceeding except a
prosecution for aggravated perjury.
(c) For purposes of this section, "adjudicatory proceeding" means a proceeding before a
court or any other agency of government in which the legal rights, powers, duties, or
privileges of specified parties are determined.
(d) A conviction under this subchapter may be had upon the uncorroborated testimony
of a party to the offense.
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.
SUBCHAPTER B. OBSCENITY
Sec. 43.21. DEFINITIONS. (a) In this subchapter:
(1) "Obscene" means material or a performance That:
(A) the average person, applying contemporary community standards, would find That
taken as a whole appeals to the prurient interest in sex;
(B) depicts or describes:
(i) patently offensive representations or descriptions of ultimate sexual acts, normal or
perverted, actual or simulated, including sexual intercourse, sodomy, and sexual
bestiality; or
(ii) patently offensive representations or descriptions of masturbation, excretory
functions, sadism, masochism, lewd exhibition of the genitals, the male or female
genitals in a state of sexual stimulation or arousal, covered male genitals in a
discernibly turgid state or a device designed and marketed as useful primarily for
stimulation of the human genital organs; and
(C) taken as a whole, lacks serious literary, artistic, political, and scientific value.
(2) "Material" means anything tangible That is capable of being used or adapted to
arouse interest, whether through the medium of reading, observation, sound, or in any
other manner, but does not include an actual three dimensional obscene device.
(3) "Performance" means a play, motion picture, dance, or other exhibition performed
before an audience.
(4) "Patently offensive" means so offensive on its face as to affront current community
standards of decency.
(5) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver,
transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or
advertise, or to offer or agree to do the same.
(6) "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver,
transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do
the same for purpose of resale.
(7) "Obscene device" means a device including a dildo or artificial vagina, designed or
marketed as useful primarily for the stimulation of human genital organs.
(b) If any of the depictions or descriptions of sexual conduct described in this section are
declared by a court of competent jurisdiction to be unlawfully included herein, this
declaration shall not invalidate this section as to other patently offensive sexual conduct
included herein.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975,
64th Leg., p. 372, ch. 163, Sec. 1, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1974, ch.
778, Sec. 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994.
Sec. 43.22. OBSCENE DISPLAY OR DISTRIBUTION. (a) A person commits an offense if
he intentionally or knowingly displays or distributes an obscene photograph, drawing,
or similar visual representation or other obscene material and is reckless about whether
a person is present who will be offended or alarmed by the display or distribution.
(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. 43.23. OBSCENITY. (a) A person commits an offense if, knowing its content and
character, he wholesale promotes or possesses with intent to wholesale promote any
obscene material or obscene device.
(b) Except as provided by Subsection (h), an offense under Subsection (a) is a state jail
felony.
(c) A person commits an offense if, knowing its content and character, he:
(1) promotes or possesses with intent to promote any obscene material or obscene device;
or
(2) produces, presents, or directs an obscene performance or participates in a portion
thereof That is obscene or That contributes to its obscenity.
(d) Except as provided by Subsection (h), an offense under Subsection (c) is a Class A
misdemeanor.
(e) A person who promotes or wholesale promotes obscene material or an obscene device
or possesses the same with intent to promote or wholesale promote it in the course of his
business is presumed to do so with knowledge of its content and character.
(f) A person who possesses six or more obscene devices or identical or similar obscene
articles is presumed to possess them with intent to promote the same.
(g) It is an affirmative defense to prosecution under this section That the person who
possesses or promotes material or a device proscribed by this section does so for a bona
fide medical, psychiatric, judicial, legislative, or law enforcement purpose.
(h) The punishment for an offense under Subsection (a) is increased to the punishment
for a felony of the third degree and the punishment for an offense under Subsection (c) is
increased to the punishment for a state jail felony if it is shown on the trial of the offense
That obscene material That is the subject of the offense visually depicts activities
described by Section 43.21(a)(1)(B) engaged in by:
(1) a child younger than 18 years of age at the time the image of the child was made;
(2) an image That to a reasonable person would be virtually indistinguishable from the
image of a child younger than 18 years of age; or
(3) an image created, adapted, or modified to be the image of an identifiable child.
(i) In this section, "identifiable child" means a person, recognizable as an actual person
by the person's face, likeness, or other distinguishing characteristic, such as a unique
birthmark or other recognizable feature:
(1) who was younger than 18 years of age at the time the visual depiction was created,
adapted, or modified; or
(2) whose image as a person younger than 18 years of age was used in creating,
adapting, or modifying the visual depiction.
(j) An attorney representing the state who seeks an increase in punishment under
Subsection (h)(3) is not required to prove the actual identity of an identifiable child.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979,
66th Leg., p. 1975, ch. 778, Sec. 2, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1005, Sec. 1, eff. Sept. 1, 2003.
| . |
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