Tex. Penal Code § 43.28 · Subchapter B. OBSCENITY
CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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, 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.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 931 (S.B. 12), Sec. 3, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.43.htm
- Text hash
- sha256 b251a099ff76a663c69533a586738c0a5698271dbb98bb7489088c37ca9a4b95
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business & Commerce Code
Cited by 2 provisions
Provisions in this library whose text cites Tex. Penal Code § 43.28. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.