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Texas Penal Code

§ 43.25 — SEXUAL PERFORMANCE BY A CHILD

PE § 43.25Title 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY · Ch. 43. PUBLIC INDECENCY · Art. B. OBSCENITY

Statute text

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(a)In this section:
(1)"Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age.
(2)"Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.
(3)"Performance" means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one or more persons.
(4)"Produce" with respect to a sexual performance includes any conduct that directly contributes to the creation or manufacture of the sexual performance.
(5)"Promote" means to procure, 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 any of the above.

Legislative history

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.20, eff. September 1, 2007. Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 41, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 12, eff. September 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 39 (S.B. 412), Sec. 2, eff. September 1, 2025.