CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED

Sec. 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 , 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.