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

(6) "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale. (5201)

(7) "Obscene device" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs. (5202)

(b) If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein. (5203)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 372, ch. 163, Sec. 1, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1974, ch. 778, Sec. 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5204)

Sec. 43.22. OBSCENE DISPLAY OR DISTRIBUTION. (5205)(Text)

(a) A person commits an offense if he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution. (5206)

(b) An offense under this section is a Class C misdemeanor. (5207)

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. (5208)

Sec. 43.23. OBSCENITY. (5209)(Text)

(a) A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device. (5210)

(b) Except as provided by Subsection (h), an offense under Subsection (a) is a state jail felony. (5211)

(c) A person commits an offense if, knowing its content and character, he: (5212)

(1) promotes or possesses with intent to promote any obscene material or obscene device; or (5213)

(2) produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity. (5214)

(d) Except as provided by Subsection (h), an offense under Subsection (c) is a Class A misdemeanor. (5215)

(e) A person who promotes or wholesale promotes obscene material or an obscene device or possesses the same with intent to promote or wholesale promote it in the course of his business is presumed to do so with knowledge of its content and character. (5216)

(f) A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same. (5217)

(g) It is an affirmative defense to prosecution under this section that the person who possesses or promotes material or a device proscribed by this section does so for a bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose. (5218)

(h) The punishment for an offense under Subsection (a) or (c) is increased to the punishment for a felony of the second degree if it is shown on the trial of the offense that obscene material that is the subject of the offense visually depicts activities described by Section 43.21(a)(1)(B) engaged in by: (5219)

(1) a child younger than 18 years of age at the time the image of the child was made; (5220)

(2) an image that to a reasonable person would be virtually indistinguishable from the image of a child younger than 18 years of age; or (5221)

(3) an image created, adapted, or modified to be the image of an identifiable child. (5222)

(i) In this section, "identifiable child" means a person, recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature: (5223)

(1) who was younger than 18 years of age at the time the visual depiction was created, adapted, or modified; or (5224)

(2) whose image as a person younger than 18 years of age was used in creating, adapting, or modifying the visual depiction. (5225)

(j) An attorney representing the state who seeks an increase in punishment under Subsection (h)(3) is not required to prove the actual identity of an identifiable child. (5226)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1975, ch. 778, Sec. 2, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1005, Sec. 1, eff. Sept. 1, 2003. (5227)

Amended by: (5228)

Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 19, eff. September 1, 2013. (5229)

Sec. 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR. (5230)(Text)

(a) For purposes of this section: (5231)

(1) "Minor" means an individual younger than 18 years. (5232)

(2) "Harmful material" means material whose dominant theme taken as a whole: (5233)

(A) appeals to the prurient interest of a minor, in sex, nudity, or excretion; (5234)

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