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

(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been: (5355)

(A) convicted one or more times of an offense punishable under Subdivision (1)(A); or (5356)

(B) convicted two or more times of any offense under this section. (5357)

(d) An offense under Subsection (b)(2) is a Class C misdemeanor, except that the offense is: (5358)

(1) a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted one time of any offense under this section; or (5359)

(2) a Class A misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of any offense under this section. (5360)

(e) It is an affirmative defense to prosecution under this section that the visual material: (5361)

(1) depicted only the actor or another minor: (5362)

(A) who is not more than two years older or younger than the actor and with whom the actor had a dating relationship at the time of the offense; or (5363)

(B) who was the spouse of the actor at the time of the offense; and (5364)

(2) was promoted or received only to or from the actor and the other minor. (5365)

(f) It is a defense to prosecution under Subsection (b)(2) that the actor: (5366)

(1) did not produce or solicit the visual material; (5367)

(2) possessed the visual material only after receiving the material from another minor; and (5368)

(3) destroyed the visual material within a reasonable amount of time after receiving the material from another minor. (5369)

(g) If conduct that constitutes an offense under this section also constitutes an offense under another law, the defendant may be prosecuted under this section, the other law, or both. (5370)

(h) Notwithstanding Section 51.13, Family Code, a finding that a person has engaged in conduct in violation of this section is considered a conviction for the purposes of Subsections (c) and (d). (5371)

Added by Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 3, eff. September 1, 2011. (5372)

Sec. 43.262. POSSESSION OR PROMOTION OF LEWD VISUAL MATERIAL DEPICTING CHILD. (5373)(Text)

(a) In this section: (5374)

(1) "Promote" and "sexual conduct" have the meanings assigned by Section 43.25. (5375)

(2) "Visual material" has the meaning assigned by Section 43.26. (5376)

(b) A person commits an offense if the person knowingly possesses, accesses with intent to view, or promotes visual material that: (5377)

(1) depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was created; (5378)

(2) appeals to the prurient interest in sex; and (5379)

(3) has no serious literary, artistic, political, or scientific value. (5380)

(c) An offense under this section is a state jail felony, except that the offense is: (5381)

(1) a felony of the third degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under this section or Section 43.26; and (5382)

(2) a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under this section or Section 43.26. (5383)

(d) It is not a defense to prosecution under this section that the depicted child consented to the creation of the visual material. (5384)

Added by Acts 2017, 85th Leg., R.S., Ch. 350 (H.B. 1810), Sec. 1, eff. September 1, 2017. (5385)

Sec. 43.27. DUTY TO REPORT. (5386)(Text)

(a) For purposes of this section, " visual material" has the meaning assigned by Section 43.26. (5387)

(b) A business that develops or processes visual material and determines that the material may be evidence of a criminal offense under this subchapter shall report the existence of the visual material to a local law enforcement agency. (5388)

Added by Acts 2003, 78th Leg., ch. 1005, Sec. 6, eff. Sept. 1, 2003. (5389)

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS (5390)(Text)

CHAPTER 46. WEAPONS (5391)(Text)

Sec. 46.01. DEFINITIONS. (5392)(Text)

In this chapter: (5393)

(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (5394)

(A) blackjack; (5395)

(B) nightstick; (5396)

(C) mace; (5397)

(D) tomahawk. (5398)

(2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. (5399)

(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (5400)

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