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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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