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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain obscene sexually oriented |
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performances within view of minors; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended |
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by adding Section 43.28 to read as follows: |
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Sec. 43.28. (a) In this section: |
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(1) "Obscene sexually oriented performance" means a |
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performance that: |
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(A) features a performer who: |
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(i) is nude, as defined by Section 102.051, |
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Business & Commerce Code, or uses accessories or prosthetics that |
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exaggerate male or female primary or secondary sexual |
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characteristics; and |
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(ii) performs sexual conduct; and |
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(B) is obscene. |
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(2) "Performance" has the meaning assigned by Section |
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43.25(5). |
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(3) "Sexual conduct" has the meaning assigned by |
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Section 43.25(2). |
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(b) A person commits an offense if the person engages in an |
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obscene sexually oriented performance in the presence of a person |
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younger than 16 years of age. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2023. |