By: Hall S.B. No. 1494
A BILL TO BE ENTITLED
AN ACT
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.