Texas § PE.43.28 - CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED
Full text of Texas The Texas Constitution § PE.43.28 — CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED, with citation guidance and answers to common questions.
§ PE.43.28. CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED
CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED. (a) In this section: (1) "Sexual conduct" means: (A) the exhibition or representation, actual or simulated, of sexual acts, including vaginal sex, anal sex, and masturbation; (B) the exhibition or representation, actual or simulated, of male or female genitals in a lewd state, including a state of sexual stimulation or arousal; (C) the exhibition of a device designed and marketed as useful primarily for the sexual stimulation of male or female genitals; (D) actual contact or simulated contact occurring between one person and the buttocks, breast, or any part of the genitals of another person; or (E) the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics. (2) "Sexually oriented performance" means a visual performance that: (A) features: (i) a performer who is nude, as defined by Section 102.051 , Business & Commerce Code; or (ii) any other performer who engages in sexual conduct; and (B) appeals to the prurient interest in sex. (b) A person commits an offense if, regardless of whether compensation for the performance is expected or received, the person engages in a sexually oriented performance: (1) on public property at a time, in a place, and in a manner that could reasonably be expected to be viewed by a child; or (2) in the presence of an individual younger than 18 years of age. (c) An offense under this section is a Class A misdemeanor. Added by Acts 2023, 88th Leg., R.S., Ch. 931 (S.B. 12 ), Sec. 3, eff. September 1, 2023.
Frequently Asked Questions About Texas § PE.43.28
What does The Texas Constitution § PE.43.28 cover?
Section PE.43.28 ("CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § PE.43.28?
A common citation format is "The Texas Constitution § PE.43.28" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § PE.43.28 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.