Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 43.251 - Employment Harmful to Children

CHAPTER 43. PUBLIC INDECENCY

SUBCHAPTER A. PROSTITUTION

        § 43.251.  EMPLOYMENT HARMFUL TO CHILDREN.
        (a)  In this section:
                (1)  "Child" means a person younger than 18 years of age.
                (2)  "Massage" has the meaning assigned to the term "massage therapy" by Section 455.001, Occupations Code.
                (3)  "Massage establishment" has the meaning assigned by Section 455.001, Occupations Code.
                (4)  "Nude" means a child who is:
                        (A)  entirely unclothed;  or
                        (B)  clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the child is female, or any portion of the genitals or buttocks.
                (5)  "Sexually oriented commercial activity" means a massage establishment, nude studio, modeling studio, love parlor, or other similar commercial enterprise the primary business of which is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer.
                (6)  "Topless" means a female child clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola.
        (b)  A person commits an offense if the person employs, authorizes, or induces a child to work:
                (1)  in a sexually oriented commercial activity;  or
                (2)  in any place of business permitting, requesting, or requiring a child to work nude or topless.
        (c)  An offense under this section is a Class A misdemeanor.

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