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
(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
(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
(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.