Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 43.24 - Sale, Distribution, or Display of Harmful Material to Minor

CHAPTER 43. PUBLIC INDECENCY

SUBCHAPTER A. PROSTITUTION

        § 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.

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