Sec. 43.28.  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.