| 1 | 1 | | By: Hall S.B. No. 1494 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibiting certain obscene sexually oriented |
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| 7 | 7 | | performances within view of minors; creating a criminal offense. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended |
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| 10 | 10 | | by adding Section 43.28 to read as follows: |
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| 11 | 11 | | Sec. 43.28. (a) In this section: |
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| 12 | 12 | | (1) "Obscene sexually oriented performance" means a |
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| 13 | 13 | | performance that: |
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| 14 | 14 | | (A) features a performer who: |
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| 15 | 15 | | (i) is nude, as defined by Section 102.051, |
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| 16 | 16 | | Business & Commerce Code, or uses accessories or prosthetics that |
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| 17 | 17 | | exaggerate male or female primary or secondary sexual |
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| 18 | 18 | | characteristics; and |
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| 19 | 19 | | (ii) performs sexual conduct; and |
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| 20 | 20 | | (B) is obscene. |
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| 21 | 21 | | (2) "Performance" has the meaning assigned by Section |
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| 22 | 22 | | 43.25(5). |
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| 23 | 23 | | (3) "Sexual conduct" has the meaning assigned by |
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| 24 | 24 | | Section 43.25(2). |
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| 25 | 25 | | (b) A person commits an offense if the person engages in an |
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| 26 | 26 | | obscene sexually oriented performance in the presence of a person |
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| 27 | 27 | | younger than 16 years of age. |
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| 28 | 28 | | (c) An offense under this section is a Class A misdemeanor. |
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| 29 | 29 | | (d) If conduct that constitutes an offense under this |
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| 30 | 30 | | section also constitutes an offense under any other law, the actor |
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| 31 | 31 | | may be prosecuted under this section, the other law, or both. |
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| 32 | 32 | | SECTION 2. This Act takes effect September 1, 2023. |
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