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Texas Laws | Penal Code
PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 38, eff. September 1, 2017. (5159)

Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 9, eff. September 1, 2017. (5160)

Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (5161)(Text)

(a) A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes. (5162)

(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the prostitution enterprise uses as a prostitute one or more persons younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense. (5163)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5164)

Amended by: (5165)

Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 17, eff. September 1, 2013. (5166)

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 39, eff. September 1, 2017. (5167)

Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 10, eff. September 1, 2017. (5168)

Sec. 43.05. COMPELLING PROSTITUTION. (5169)(Text)

(a) A person commits an offense if the person knowingly: (5170)

(1) causes another by force, threat, or fraud to commit prostitution; or (5171)

(2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of the offense. (5172)

(b) An offense under Subsection (a)(1) is a felony of the second degree. An offense under Subsection (a)(2) is a felony of the first degree. (5173)

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections. (5174)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5175)

Amended by: (5176)

Acts 2009, 81st Leg., R.S., Ch. 1002 (H.B. 4009), Sec. 9, eff. September 1, 2009. (5177)

Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 1.03, eff. September 1, 2011. (5178)

Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 2, eff. September 1, 2015. (5179)

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 40, eff. September 1, 2017. (5180)

Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 11, eff. September 1, 2017. (5181)

Sec. 43.06. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY. (5182)(Text)

(a) A party to an offense under this subchapter may be required to furnish evidence or testify about the offense. (5183)

(b) A party to an offense under this subchapter may not be prosecuted for any offense about which he is required to furnish evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury. (5184)

(c) For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined. (5185)

(d) A conviction under this subchapter may be had upon the uncorroborated testimony of a party to the offense. (5186)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5187)

SUBCHAPTER B. OBSCENITY (5188)(Text)
Sec. 43.21. DEFINITIONS. (5189)(Text)

(a) In this subchapter: (5190)

(1) "Obscene" means material or a performance that: (5191)

(A) the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex; (5192)

(B) depicts or describes: (5193)

(i) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or (5194)

(ii) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and (5195)

(C) taken as a whole, lacks serious literary, artistic, political, and scientific value. (5196)

(2) "Material" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three dimensional obscene device. (5197)

(3) "Performance" means a play, motion picture, dance, or other exhibition performed before an audience. (5198)

(4) "Patently offensive" means so offensive on its face as to affront current community standards of decency. (5199)

(5) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same. (5200)

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