By Allen, Jones of Dallas H.B. No. 777
74R2915 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating an offense for engaging in certain conduct
1-3 associated with a performance harmful to a minor.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.24, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 43.24. <SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL>
1-8 MATERIAL OR PERFORMANCE HARMFUL TO MINOR. (a) In <For purposes
1-9 of> this section:
1-10 (1) "Minor" means an individual younger than 18 years.
1-11 (2) "Harmful material" means material whose dominant
1-12 theme taken as a whole:
1-13 (A) appeals to the prurient interest of a
1-14 minor<,> in sex, nudity, or excretion;
1-15 (B) is patently offensive to prevailing
1-16 standards in the adult community as a whole with respect to what is
1-17 suitable for minors; and
1-18 (C) is utterly without redeeming social value
1-19 for minors.
1-20 (3) "Harmful performance" means a performance the
1-21 dominant theme of which, taken as a whole:
1-22 (A) appeals to the prurient interest of a minor
1-23 in sex, nudity, or excretion;
1-24 (B) is patently offensive to prevailing
2-1 standards in the adult community as a whole with respect to what is
2-2 suitable for minors; and
2-3 (C) is utterly without redeeming social value
2-4 for minors.
2-5 (b) A person commits an offense if, knowing that the
2-6 material is harmful:
2-7 (1) and knowing the person is a minor, he sells,
2-8 distributes, exhibits, or possesses for sale, distribution, or
2-9 exhibition to a minor harmful material; or
2-10 (2) he displays harmful material and is reckless about
2-11 whether a minor is present who will be offended or alarmed by the
2-12 display<; or>
2-13 <(3) he hires, employs, or uses a minor to do or
2-14 accomplish or assist in doing or accomplishing any of the acts
2-15 prohibited in Subsection (b)(1) or (b)(2)>.
2-16 (c) It is a defense to prosecution under Subsection
2-17 (b) <this section> that:
2-18 (1) the sale, distribution, or exhibition was by a
2-19 person having scientific, educational, governmental, or other
2-20 similar justification; or
2-21 (2) the sale, distribution, or exhibition was to a
2-22 minor who was accompanied by a consenting parent, guardian, or
2-23 spouse.
2-24 (d) A person commits an offense if, knowing that a
2-25 performance is harmful, the person produces, presents, or directs
2-26 the performance or participates in a portion of the performance
2-27 that is harmful and the person:
3-1 (1) knows that a minor will be admitted to the
3-2 audience of the performance; or
3-3 (2) is reckless as to whether a minor will be admitted
3-4 to the audience of the performance.
3-5 (e) It is a defense to prosecution under Subsection (d) that
3-6 the performance was presented for a scientific, educational,
3-7 governmental, or other reasonable purpose.
3-8 (f) A person commits an offense if, knowing that the
3-9 material or performance is harmful, the person hires, employs, or
3-10 uses a minor to do or accomplish or assist in doing or
3-11 accomplishing any act prohibited by Subsection (b) or (d).
3-12 (g) An offense under this section is a Class A misdemeanor
3-13 unless it is committed under Subsection (f), <(b)(3)> in which
3-14 event it is a felony of the third degree.
3-15 SECTION 2. This Act takes effect September 1, 1995.
3-16 SECTION 3. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.