PENAL CODE
CHAPTER 21. SEXUAL OFFENSES
§ 21.01. DEFINITIONS. In this chapter:
(1) "Deviate sexual intercourse" means:
(A) any contact between any part of the genitals
of one person and the mouth or anus of another person; or
(B) the penetration of the genitals or the anus
of another person with an object.
(2) "Sexual contact" means, except as provided by
Section 21.11, any touching of the anus, breast, or any part of the
genitals of another person with intent to arouse or gratify the
sexual desire of any person.
(3) "Sexual intercourse" means any penetration of the
female sex organ by the male sex organ.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1979, 66th Leg., p. 373, ch. 168, § 1, eff. Aug.
27, 1979; Acts 1981, 67th Leg., p. 203, ch. 96, § 3, eff. Sept.
1, 1981; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994; Acts 2001, 77th Leg., ch. 739, § 1, eff. Sept. 1, 2001.
§ 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an
offense if he engages in deviate sexual intercourse with another
individual of the same sex.
(b) An offense under this section is a Class C misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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; or
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 509, ch. 924, § 1, eff. Sept.
1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 21.11. INDECENCY WITH A CHILD. (a) A person commits
an offense if, with a child younger than 17 years and not the
person's spouse, whether the child is of the same or opposite sex,
the person:
(1) engages in sexual contact with the child or causes
the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire
of any person:
(A) exposes the person's anus or any part of the
person's genitals, knowing the child is present; or
(B) causes the child to expose the child's anus
or any part of the child's genitals.
(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, 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) In this section, "sexual contact" means the following
acts, if committed with the intent to arouse or gratify the sexual
desire of any person:
(1) any touching by a person, including touching
through clothing, of the anus, breast, or any part of the genitals
of a child; or
(2) any touching of any part of the body of a child,
including touching through clothing, with the anus, breast, or any
part of the genitals of a person.
(d) 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., p. 472, ch. 202, § 3, eff. Sept.
1, 1981; Acts 1987, 70th Leg., ch. 1028, § 1, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts
1999, 76th Leg., ch. 1415, § 23, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 739, § 2, eff. Sept. 1, 2001.
§ 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND
STUDENT. (a) An employee of a public or private primary or
secondary school commits an offense if the employee engages in
sexual contact, sexual intercourse, or deviate sexual intercourse
with a person who is enrolled in a public or private primary or
secondary school at which the employee works and who is not the
employee's spouse.
(b) An offense under this section is a felony of the second
degree.
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.
Added by Acts 2003, 78th Leg., ch. 224, § 1, eff. Sept. 1, 2003.
§ 21.15. IMPROPER PHOTOGRAPHY OR VISUAL
RECORDING. (a) In this section, "promote" has the meaning
assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic
means visually records another:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual
desire of any person; or
(2) knowing the character and content of the
photograph or recording, promotes a photograph or visual recording
described by Subdivision (1).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
Added by Acts 2001, 77th Leg., ch. 458, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 500, § 1, eff. Sept. 1,
2003.
