Penal Code Selections

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Compelling Prostitution
Indecency with a Child
Indecent Exposure
Promotion of Prostitution
Promotion of Prostitution (Aggravated)
Prostitution
Public Lewdness
Sexual Assault
Sexual Assault (Aggravated)

21.07. Public lewdness.

(a) A person commits an offense if he knowingly engages in any of the following 
acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his:
    (1) act of sexual intercourse;
    (2) act of deviate sexual intercourse;
    (3) act of sexual contact;
    (4) act involving contact between the person's mouth or genitals and the anus or 
genitals of an animal or fowl.
(b) An offense under this section is a Class A misdemeanor.
(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

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21.08. Indecent exposure.

(a) A person commits an offense if he exposes his anus or any part of his 
genitals with intent to arouse or gratify the sexual desire of any person, and he is 
reckless about whether another is present who will be offended or alarmed by his act.
(b) An offense under this section is a Class B misdemeanor.
(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

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21.11. Indecency with a child.

(a) A person commits an offense if, with a child younger than 17 years and not 
his spouse, whether the child is of the same or opposite sex, he:
    (1) engages in sexual contact with the child; or
    (2) exposes his anus or any part of his genitals, knowing the child is present, 
with intent to arouse or gratify the sexual desire of any person.
(b) It is an affirmative defense to prosecution under this section that the 
actor:
    (1) was not more than three years older than the victim and of the opposite sex;
    (2) did not use duress, force, or a threat against the victim at the time of the 
offense; and
    (3) at the time of the offense:
        (A) was not required under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to register for life as a sex offender; or
        (B) was not a person who under Chapter 62 had a reportable conviction or 
adjudication for an offense under this section.
(c) An offense under Subsection (a)(1) is a felony of the second degree and an 
offense under Subsection (a)(2) is a felony of the third degree.

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22.011. Sexual assault.

(a) A person commits an offense if the person:
    (1) intentionally or knowingly:
        (A) causes the penetration of the anus or female sexual organ of another person by any means, without that person's consent;
        (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
        (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
    (2) intentionally or knowingly:
        (A) causes the penetration of the anus or female sexual organ of a child by any means;
        (B) causes the penetration of the mouth of a child by the sexual organ of the 
actor;
        (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
        (D) causes the anus of a child to contact the mouth, anus, or sexual organ of 
another person, including the actor; or
        (E) causes the mouth of a child to contact the anus or sexual organ of another 
person, including the actor.
(b) A sexual assault under Subsection (a)(1) is without the consent of the 
other person if:
    (1) the actor compels the other person to submit or participate by the use of 
physical force or violence;
    (2) the actor compels the other person to submit or participate by threatening 
to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;
    (3) the other person has not consented and the actor knows the other person is 
unconscious or physically unable to resist;
    (4) the actor knows that as a result of mental disease or defect the other 
person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
    (5) the other person has not consented and the actor knows the other person is 
unaware that the sexual assault is occurring;
    (6) the actor has intentionally impaired the other person's power to appraise or 
control the other person's conduct by administering any substance without the other 
person's knowledge;
    (7) the actor compels the other person to submit or participate by threatening 
to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
    (8) the actor is a public servant who coerces the other person to submit or 
participate;
    (9) the actor is a mental health services provider or a health care services 
provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; or
    (10) the actor is a clergyman who causes the other person to submit or 
participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser.
(c) In this section:
    (1) "Child" means a person younger than 17 years of age who is not the spouse of the actor.
    (2) "Spouse" means a person who is legally married to another.
    (3) "Health care services provider" means:
        (A) a physician licensed under the Medical Practice Act (Article 4495b, Texas 
Civil Statutes);
        (B) a chiropractor licensed under Chapter 94, Acts of the 51st Legislature, 
Regular Session, 1949 (Article 4512b, Texas Civil Statutes);
        (C) a licensed vocational nurse licensed under Chapter 118, Acts of the 52nd 
Legislature, 1951 (Article 4528c, Texas Civil Statutes);
        (D) a physical therapist licensed under Chapter 836, Acts of the 62nd 
Legislature, Regular Session, 1971 (Article 4512e, Texas Civil Statutes);
        (E) a physician assistant licensed under the Physician Assistant Licensing Act 
(Article 4495b-1, Texas Civil Statutes); or
        (F) a registered nurse or an advanced practice nurse licensed under Chapter 7, Title 71, Revised Statutes.
    (4) "Mental health services provider" means an individual, licensed or 
unlicensed, who performs or purports to perform mental health services, including a: 
        (A) licensed social worker as defined by Section 50.001, Human Resources Code; 
        (B) chemical dependency counselor as defined by Section 1, Chapter 635, Acts of the 72nd Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes); 
        (C) licensed professional counselor as defined by Section 2, Licensed 
Professional Counselor Act (Article 4512g, Vernon's Texas Civil Statutes); 
        (D) licensed marriage and family therapist as defined by Section 2, Licensed 
Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes); 
        (E) member of the clergy; 
        (F) psychologist offering psychological services as defined by Section 2, 
Psychologists' Licensing Act (Article 4512c, Vernon's Texas Civil Statutes); or 
        (G) special officer for mental health assignment certified under Section 
415.037, Government Code. 
(d) It is a defense to prosecution under Subsection (a)(2) that the conduct 
consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.
(e) It is an affirmative defense to prosecution under Subsection (a)(2) that:
    (1) the actor was not more than three years older than the victim and at the 
time of the offense:
        (A) was not required under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to register for life as a sex offender; or
        (B) was not a person who under Chapter 62 had a reportable conviction or 
adjudication for an offense under this section; and
    (2) the victim was a child of 14 years of age or older.
(f) An offense under this section is a felony of the second degree.

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22.021. Aggravated sexual assault.

(a) A person commits an offense: 
    (1) if the person: 
        (A) intentionally or knowingly: 
            (i) causes the penetration of the anus or female sexual organ of another person by any means, without that person's consent; 
            (ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or 
            (iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or 
        (B) intentionally or knowingly: 
            (i) causes the penetration of the anus or female sexual organ of a child by any means; 
            (ii) causes the penetration of the mouth of a child by the sexual organ of the actor; 
            (iii) causes the sexual organ of a child to contact or penetrate the mouth, 
anus, or sexual organ of another person, including the actor; 
            (iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or 
            (v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and 
    (2) if: 
        (A) the person: 
            (i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; 
            (ii) by acts or words places the victim in fear that death, serious bodily 
injury, or kidnapping will be imminently inflicted on any person; 
            (iii) by acts or words occurring in the presence of the victim threatens to 
cause the death, serious bodily injury, or kidnapping of any person; 
            (iv) uses or exhibits a deadly weapon in the course of the same criminal 
episode; 
            (v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or 
            (vi) administers or provides flunitrazepam, otherwise known as rohypnol, or gamma hydroxybutyrate to the victim of the offense with the intent of facilitating the commission of the offense; 
        (B) the victim is younger than 14 years of age; or 
        (C) the victim is 65 years of age or older. 
(b) In this section, "child" has the meaning assigned that term by Section 22.011(c).
(c) An aggravated sexual assault under this section is without the consent of 
the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).
(d) The defense provided by Section 22.011(d) applies to this section.
(e) An offense under this section is a felony of the first degree.
(Chgd. by L.1993, chap. 900(1.01); L.1995, chap. 318(7); L.1997, chap. 1286(2); 
L.1999, chap. 417(1), eff. 9/1/99.)

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43.02. Prostitution.

(a) A person commits an offense if he knowingly:
    (1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; 
or
    (2) solicits another in a public place to engage with him in sexual conduct for 
hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to 
receive or pay a fee. An offense is established under Subsection (a)(2) whether the 
actor solicits a person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor, unless the actor 
has been convicted previously under this section, in which event it is a Class A 
misdemeanor.
(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

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43.03. Promotion of prostitution.

(a) A person commits an offense if, acting other than as a prostitute receiving 
compensation for personally rendered prostitution services, he or she knowingly:
    (1) receives money or other property pursuant to an agreement to participate in 
the proceeds of prostitution; or
    (2) solicits another to engage in sexual conduct with another person for 
compensation.
(b) An offense under this section is a Class A misdemeanor.
(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

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43.04. Aggravated promotion of prostitution.

(a) A person commits an offense if he knowingly owns, invests in, finances, 
controls, supervises, or manages a prostitution enterprise that uses two or more 
prostitutes.
(b) An offense under this section is a felony of the third degree.
(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

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43.05. Compelling prostitution.

(a) A person commits an offense if he knowingly:
    (1) causes another by force, threat, or fraud to commit prostitution; or
    (2) causes by any means a person younger than 17 years to commit prostitution.
(b) An offense under this section is a felony of the second degree.
(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

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Sexual Offender Registration Program website created under authority of Chapter 62, Texas Code of Criminal Procedures. Contact the Sex Offender Registrar for public information not contained in this website. Wise County Sheriff's Department cannot guarantee the records you obtain through this site relate to the person about whom you are seeking information. Searches based on names, dates of birth and other alphanumeric identifiers are not always accurate. The only way to positively link someone to a criminal record is through fingerprint verification. The information that is provided through this Web site is open record. It may be used by anyone for any purpose. However, it is your responsibility to make sure the records you access through this site pertain to the person about whom you are seeking information. Extreme care should be exercised in using any information obtained from this Web site. Neither the Wise County Sheriff's Department nor the State of Texas shall be responsible for any errors or omissions produced by secondary dissemination of this data.  Every effort has been made to assure accuracy, but the Wise County Sheriff's Department assumes no liability for the information contained herein that is lawfully released under Chapter 62, Texas Code of Criminal Procedure. See also 62.09 (Immunity for Release of Public Information)

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