{"data":{"id":"us-tx/tex.-penal-code-43.28","jurisdiction":"us-tx","citation":"Tex. Penal Code § 43.28","heading":"CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED.","body":"(a) In this section:\n(1) \"Sexual conduct\" means:\n(A) the exhibition or representation, actual or simulated, of sexual acts, including vaginal sex, anal sex, and masturbation;\n(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;\n(C) the exhibition of a device designed and marketed as useful primarily for the sexual stimulation of male or female genitals;\n(D) actual contact or simulated contact occurring between one person and the buttocks, breast, or any part of the genitals of another person; or\n(E) the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics.\n(2) \"Sexually oriented performance\" means a visual performance that:\n(A) features:\n(i) a performer who is nude, as defined by Section 102.051, Business \u0026 Commerce Code; or\n(ii) any other performer who engages in sexual conduct; and\n(B) appeals to the prurient interest in sex.\n(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:\n(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\n(2) in the presence of an individual younger than 18 years of age.\n(c) An offense under this section is a Class A misdemeanor.\nAdded by Acts 2023, 88th Leg., R.S., Ch. 931 (S.B. 12), Sec. 3, eff. September 1, 2023.","path":["PENAL CODE","TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY","CHAPTER 43. PUBLIC INDECENCY","SUBCHAPTER B. OBSCENITY"],"source_url":"https://statutes.capitol.texas.gov/Docs/PE/htm/PE.43.htm#43.28","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:34Z","sha256":"df3257ae627422af7d4577fc09190ba5d5193d967211f9e347dc6b5d29cb3d02","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-penal-code-43.27","next":"us-tx/tex.-penal-code-46.01"},"notice":"GroundRules: Original legal text. Not legal advice."}