Tex. Penal Code Section 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 Section 102.051 (Definitions), 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.
Added by Acts 2023, 88th Leg., R.S., Ch. 931 (S.B. 12), Sec. 3, eff. September 1, 2023.

Source: Section 43.28 — Certain Sexually Oriented Performances Prohibited, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­43.­htm#43.­28 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 43.28’s source at texas​.gov