2005 Texas Penal Code CHAPTER 21. SEXUAL OFFENSES

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.
		(4)  "Spouse" means a person to whom a person is legally 
married under Subtitle A, Title 1, Family Code, or a comparable law 
of another jurisdiction.

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;  
Acts 2005, 79th Leg., ch. 268, § 1.124, eff. Sept. 1, 2005.


	§ 21.06. HOMOSEXUAL CONDUCT.                                                

[This section was declared unconstitutional by Lawrence v. Texas, 
123 S.Ct. 2472.]
	(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.