Texas Penal Code - Section 43.21. Definitions
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Texas Laws > Penal Code > Texas Penal Code - Section 43.21. Definitions
§ 43.21. DEFINITIONS. (a) In this subchapter:
(1) "Obscene" means material or a performance that:
(A) the average person, applying contemporary
community standards, would find that taken as a whole appeals to the
prurient interest in sex;
(B) depicts or describes:
(i) patently offensive representations or
descriptions of ultimate sexual acts, normal or perverted, actual
or simulated, including sexual intercourse, sodomy, and sexual
bestiality; or
(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
(C) taken as a whole, lacks serious literary,
artistic, political, and scientific value.
(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.
(3) "Performance" means a play, motion picture, dance,
or other exhibition performed before an audience.
(4) "Patently offensive" means so offensive on its
face as to affront current community standards of decency.
(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.
(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.
(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.
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 372, ch. 163, § 1, eff. Sept.
1, 1975; Acts 1979, 66th Leg., p. 1974, ch. 778, § 1, eff. Sept.
1, 1979; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
Section: 42.13 43.01 43.02 43.03 43.04 43.05 43.06 43.21 43.22 43.23 43.24 43.25 43.251 43.26 43.27
Last modified: August 11, 2007
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