Bill Text: TX SB1494 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to prohibiting certain obscene sexually oriented performances within view of minors; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [SB1494 Detail]
Download: Texas-2023-SB1494-Introduced.html
| By: Hall | S.B. No. 1494 | |
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| relating to prohibiting certain obscene sexually oriented | ||
| performances within view of minors; creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended | ||
| by adding Section 43.28 to read as follows: | ||
| Sec. 43.28. (a) In this section: | ||
| (1) "Obscene sexually oriented performance" means a | ||
| performance that: | ||
| (A) features a performer who: | ||
| (i) is nude, as defined by Section 102.051, | ||
| Business & Commerce Code, or uses accessories or prosthetics that | ||
| exaggerate male or female primary or secondary sexual | ||
| characteristics; and | ||
| (ii) performs sexual conduct; and | ||
| (B) is obscene. | ||
| (2) "Performance" has the meaning assigned by Section | ||
| 43.25(5). | ||
| (3) "Sexual conduct" has the meaning assigned by | ||
| Section 43.25(2). | ||
| (b) A person commits an offense if the person engages in an | ||
| obscene sexually oriented performance in the presence of a person | ||
| younger than 16 years of age. | ||
| (c) An offense under this section is a Class A misdemeanor. | ||
| (d) If conduct that constitutes an offense under this | ||
| section also constitutes an offense under any other law, the actor | ||
| may be prosecuted under this section, the other law, or both. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
