Texas Penal Code - Section 43.24. Sale, Distribution, Or Display Of Harmful Material To Minor
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Texas Lawyer > Penal Code > Texas Penal Code - Section 43.24. Sale, Distribution, Or Display Of Harmful Material To Minor
§ 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL
MATERIAL TO MINOR. (a) For purposes of this section:
(1) "Minor" means an individual younger than 18 years.
(2) "Harmful material" means material whose dominant
theme taken as a whole:
(A) appeals to the prurient interest of a minor,
in sex, nudity, or excretion;
(B) is patently offensive to prevailing
standards in the adult community as a whole with respect to what is
suitable for minors; and
(C) is utterly without redeeming social value for
minors.
(b) A person commits an offense if, knowing that the
material is harmful:
(1) and knowing the person is a minor, he sells,
distributes, exhibits, or possesses for sale, distribution, or
exhibition to a minor harmful material;
(2) he displays harmful material and is reckless about
whether a minor is present who will be offended or alarmed by the
display; or
(3) he hires, employs, or uses a minor to do or
accomplish or assist in doing or accomplishing any of the acts
prohibited in Subsection (b)(1) or (b)(2).
(c) It is a defense to prosecution under this section that:
(1) the sale, distribution, or exhibition was by a
person having scientific, educational, governmental, or other
similar justification; or
(2) the sale, distribution, or exhibition was to a
minor who was accompanied by a consenting parent, guardian, or
spouse.
(d) An offense under this section is a Class A misdemeanor
unless it is committed under Subsection (b)(3) in which event it is
a felony of the third degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
Section: 43.03 43.04 43.05 43.06 43.21 43.22 43.23 43.24 43.25 43.251 43.26 43.27 46.01 46.02 46.03
Last modified: August 11, 2007
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