Sec. 43.28. Certain Sexually Oriented Performances Prohibited

In this section:

"Sexual conduct" means:

the exhibition or representation, actual or simulated, of sexual acts, including vaginal sex, anal sex, and masturbation;

the exhibition or representation, actual or simulated, of male or female genitals in a lewd state, including a state of sexual stimulation or arousal;

the exhibition of a device designed and marketed as useful primarily for the sexual stimulation of male or female genitals;

actual contact or simulated contact occurring between one person and the buttocks, breast, or any part of the genitals of another person; or

the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics.

"Sexually oriented performance" means a visual performance that:

features:

a performer who is nude, as defined by Section 102.051, Business & Commerce Code; or

any other performer who engages in sexual conduct; and

appeals to the prurient interest in sex.

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:

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

in the presence of an individual younger than 18 years of age.

An offense under this section is a Class A misdemeanor.