reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter A. Prostitution › Section 43.05. Compelling Prostitution

Sec. 43.05.  COMPELLING PROSTITUTION.  (a)  A person commits an offense if the person knowingly:
(1)  causes another by force, threat, coercion, or fraud to commit prostitution;
(2)  causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of the offense; or
(3)  causes by any means a disabled individual, as defined by Section 22.021(b), to commit prostitution, regardless of whether the actor knows the individual is disabled at the time of the offense.
(b)  An offense under this section is a felony of the first 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 under both sections.
(d)  For purposes of this section, "coercion" as defined by Section 1.07 includes:
(1)  destroying, concealing, confiscating, or withholding from a person, or threatening to destroy, conceal, confiscate, or withhold from a person, the person's actual or purported:
(A)  government records; or
(B)  identifying information or documents;
(2)  causing a person, without the person's consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person's ability to appraise the nature of the person's conduct that constitutes prostitution or to resist engaging in that conduct; or
(3)  withholding alcohol or a controlled substance to a degree that impairs the ability of a person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of the person's conduct that constitutes prostitution or to resist engaging in that conduct.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1002 (H.B. 4009), Sec. 9, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 1.03, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 40, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 11, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 273 (S.B. 1802), Sec. 5, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 2.05, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter A. Prostitution › Section 43.06. Accomplice Witness; Testimony and Immunity

Sec. 43.06.  ACCOMPLICE WITNESS;  TESTIMONY AND IMMUNITY.  (a)  A party to an offense under this subchapter may be required to furnish evidence or testify about the offense.
(b)  A party to an offense under this subchapter may not be prosecuted for any offense about which he is required to furnish evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury.
(c)  For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.
(d)  A conviction under this subchapter may be had upon the uncorroborated testimony of a party to the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter B. Obscenity › Section 43.21. Definitions

Sec. 43.21.  DEFINITIONS.  (a)  In this subchapter:
(1)  "Obscene" means material or a performance that:
(A)  the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;
(B)  depicts or describes:
(i)  patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality;  or
(ii)  patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs;  and
(C)  taken as a whole, lacks serious literary, artistic, political, and scientific value.
(2)  "Material" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three dimensional obscene device.
(3)  "Performance" means a play, motion picture, dance, or other exhibition performed before an audience.
(4)  "Patently offensive" means so offensive on its face as to affront current community standards of decency.
(5)  "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.
(6)  "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.
(7)  "Obscene device" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.
(b)  If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 372, ch. 163, Sec. 1, eff. Sept. 1, 1975;  Acts 1979, 66th Leg., p. 1974, ch. 778, Sec. 1, eff. Sept. 1, 1979;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter B. Obscenity › Section 43.22. Obscene Display or Distribution

Sec. 43.22.  OBSCENE DISPLAY OR DISTRIBUTION.  (a)  A person commits an offense if he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter B. Obscenity › Section 43.23. Obscenity

Sec. 43.23.  OBSCENITY.  (a)  A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device.
(b)  Except as provided by Subsection (h), an offense under Subsection (a) is a state jail felony.
(c)  A person commits an offense if, knowing its content and character, he:
(1)  promotes or possesses with intent to promote any obscene material or obscene device;  or
(2)  produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.
(d)  Except as provided by Subsection (h), an offense under Subsection (c) is a Class A misdemeanor.
(e)  A person who promotes or wholesale promotes obscene material or an obscene device or possesses the same with intent to promote or wholesale promote it in the course of his business is presumed to do so with knowledge of its content and character.
(f)  A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.
(g)  It is an affirmative defense to prosecution under this section that the person who possesses or promotes material or a device proscribed by this section does so for a bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose.
(h)  The punishment for an offense under Subsection (a) or (c) is increased to the punishment for a felony of the second degree if it is shown on the trial of the offense that obscene material that is the subject of the offense visually depicts activities described by Section 43.21(a)(1)(B) engaged in by:
(1)  a child younger than 18 years of age at the time the image of the child was made;
(2)  an image that to a reasonable person would be virtually indistinguishable from the image of a child younger than 18 years of age; or
(3)  an image created, adapted, or modified to be the image of an identifiable child.
(i)  In this section, "identifiable child" means a person, recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature:
(1)  who was younger than 18 years of age at the time the visual depiction was created, adapted, or modified;  or
(2)  whose image as a person younger than 18 years of age was used in creating, adapting, or modifying the visual depiction.
(j)  An attorney representing the state who seeks an increase in punishment under Subsection (h)(3) is not required to prove the actual identity of an identifiable child.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1979, 66th Leg., p. 1975, ch. 778, Sec. 2, eff. Sept. 1, 1979;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 2003, 78th Leg., ch. 1005, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 19, eff. September 1, 2013.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter B. Obscenity › Section 43.24. Sale, Distribution, or Display of Harmful Material to Minor

Sec. 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 an affirmative defense to prosecution under this section that  the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.
(c-1)  It is a defense to prosecution under this section that the actor was the spouse of the minor at the time of the offense.
(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.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 497 (H.B. 1344), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter B. Obscenity › Section 43.262. Possession or Promotion of Lewd Visual Material Depicting Child

Sec. 43.262.  POSSESSION OR PROMOTION OF LEWD VISUAL MATERIAL DEPICTING CHILD.  (a) In this section:
(1)  "Promote" and "sexual conduct" have the meanings assigned by Section 43.25.
(2)  "Visual material" has the meaning assigned by Section 43.26.
(b)  A person commits an offense if the person knowingly possesses, accesses with intent to view, or promotes visual material that:
(1)  depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was created;
(2)  appeals to the prurient interest in sex; and
(3)  has no serious literary, artistic, political, or scientific value.
(b-1)  For purposes of conduct prohibited under Subsection (b), visual material to which that conduct applies includes a depiction of a child:
(1)  who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
(2)  whose image as a child younger than 18 years of age was used in creating, adapting, or modifying the visual material, including computer-generated visual material that was created, adapted, or modified using an artificial intelligence application or other computer software.
(c)  An offense under this section is a state jail felony, except that the offense is:
(1)  a felony of the third degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under this section or Section 43.26; and
(2)  a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under this section or Section 43.26.
(d)  It is not a defense to prosecution under this section that the depicted child consented to the creation of the visual material.
Added by Acts 2017, 85th Leg., R.S., Ch. 350 (H.B. 1810), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 730 (H.B. 2700), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter B. Obscenity › Section 43.27. Duty to Report

Sec. 43.27.  DUTY TO REPORT.  (a)  For purposes of this section, " visual material" has the meaning assigned by Section 43.26.
(b)  A business that develops or processes visual material and determines that the material may be evidence of a criminal offense under this subchapter shall report the existence of the visual material to a local law enforcement agency.
Added by Acts 2003, 78th Leg., ch. 1005, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Penal Code › Title 9 - Offenses Against Public Order and Decency › Chapter 43 - Public Indecency › Subchapter B. Obscenity › Section 43.28. Certain Sexually Oriented Performances Prohibited

Sec. 43.28.  CERTAIN SEXUALLY ORIENTED PERFORMANCES PROHIBITED.  (a)  In this section:
(1)  "Sexual conduct" means:
(A)  the exhibition or representation, actual or simulated, of sexual acts, including vaginal sex, anal sex, and masturbation;
(B)  the exhibition or representation, actual or simulated, of male or female genitals in a lewd state, including a state of sexual stimulation or arousal;
(C)  the exhibition of a device designed and marketed as useful primarily for the sexual stimulation of male or female genitals;
(D)  actual contact or simulated contact occurring between one person and the buttocks, breast, or any part of the genitals of another person; or
(E)  the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics.
(2)  "Sexually oriented performance" means a visual performance that:
(A)  features:
(i)  a performer who is nude, as defined by Section 102.051, Business & Commerce Code; or
(ii)  any other performer who engages in sexual conduct; and
(B)  appeals to the prurient interest in sex.
(b)  A person commits an offense if, regardless of whether compensation for the performance is expected or received, the person engages in a sexually oriented performance:
(1)  on public property at a time, in a place, and in a manner that could reasonably be expected to be viewed by a child; or
(2)  in the presence of an individual younger than 18 years of age.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 2023, 88th Leg., R.S., Ch. 931 (S.B. 12), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.035. Unlawful Carrying of Handgun by License Holder

Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.  (a)  A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.  It is an exception to the application of this subsection that the handgun was partially or wholly visible but was:
(1)  carried in a holster by the license holder; or
(2)  in a holster, and the handgun and the license holder were in a motor vehicle.
Added by Acts 1995, 74th Leg., ch. 229, Sec. 4, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.04, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1261, Sec. 26, 27, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.833, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 976 (H.B. 1813), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1222 (H.B. 2300), Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 687 (H.B. 2664), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 72 (S.B. 299), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 47, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 48, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4, eff. August 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 5, eff. August 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 593 (S.B. 273), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 32, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.004, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.005, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 11, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 12, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 520 (S.B. 535), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 520 (S.B. 535), Sec. 2, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 481 (H.B. 2112), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 518 (S.B. 550), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 26(10), eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1027 (H.B. 1407), Sec. 1, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 17.004, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.041. Unlawful Possession of Metal or Body Armor by Felon

Sec. 46.041.  UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON.  (a)  In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire.
(b)  A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor.
(c)  An offense under this section is a felony of the third degree.
Added by Acts 2001, 77th Leg., ch. 452, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.07. Interstate Purchase

Sec. 46.07.  INTERSTATE PURCHASE.  A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state.  This authorization is enacted in conformance with 18 U.S.C. Section 922(b)(3)(A).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 46.08 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 280 (S.B. 1188), Sec. 1, eff. May 30, 2009.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.08. Hoax Bombs

Sec. 46.08.  HOAX BOMBS.  (a)  A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to:
(1)  make another believe that the hoax bomb is an explosive or incendiary device;  or
(2)  cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 3, eff. Sept. 1, 1983.  Renumbered from Penal Code Sec. 46.09 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.09. Components of Explosives

Sec. 46.09.  COMPONENTS OF EXPLOSIVES.  (a)  A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 4, eff. Sept. 1, 1983.  Renumbered from Penal Code Sec. 46.10 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.10. Deadly Weapon in Penal Institution

Sec. 46.10.  DEADLY WEAPON IN PENAL INSTITUTION.  (a)  A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly:
(1)  carries on or about his person a deadly weapon;  or
(2)  possesses or conceals a deadly weapon in the penal institution.
(b)  It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution.
(c)  A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section.
(d)  An offense under this section is a felony of the third degree.
Added by Acts 1985, 69th Leg., ch. 46, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Penal Code Sec. 46.11 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.11. Penalty if Offense Committed Within Weapon-Free School Zone

Sec. 46.11.  PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE.  (a)  Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was:
(1)  within 300 feet of the premises of a school;  or
(2)  on premises where:
(A)  an official school function is taking place;  or
(B)  an event sponsored or sanctioned by the University Interscholastic League is taking place.
(b)  This section does not apply to an offense under Section 46.03(a)(1).
(c)  In this section:
(1)  "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.
(2)  "School" means a private or public elementary or secondary school.
Added by Acts 1995, 74th Leg., ch. 320, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 10, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 20.002, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.12. Maps as Evidence of Location or Area

Sec. 46.12.  MAPS AS EVIDENCE OF LOCATION OR AREA.  (a)  In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas.
(b)  A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a).
(c)  A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located.
(d)  This section does not prevent the prosecution from:
(1)  introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or
(2)  using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence.
Added by Acts 1995, 74th Leg., ch. 320, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 16.004, eff. September 1, 2005.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.13. Making a Firearm Accessible to a Child

Sec. 46.13.  MAKING A FIREARM ACCESSIBLE TO A CHILD.  (a)  In this section:
(1)  "Child" means a person younger than 17 years of age.
(2)  "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.
(3)  "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.
(b)  A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:
(1)  failed to secure the firearm;  or
(2)  left the firearm in a place to which the person knew or should have known the child would gain access.
(c)  It is an affirmative defense to prosecution under this section that the child's access to the firearm:
(1)  was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;
(2)  consisted of lawful defense by the child of people or property;
(3)  was gained by entering property in violation of this code;  or
(4)  occurred during a time when the actor was engaged in an agricultural enterprise.
(d)  Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(e)  An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.
(f)  A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if:
(1)  the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm;  and
(2)  the child in discharging the firearm caused the death of or serious injury to the child.
(g)  A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height:
"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."
Added by Acts 1995, 74th Leg., ch. 83, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 15.02(g), eff. Sept. 1, 1999.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 46 - Weapons › Section 46.14. Firearm Smuggling

Sec. 46.14.  FIREARM SMUGGLING.  (a)  A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States.  For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct:
(1)  on more than one occasion; or
(2)  for profit or any other form of remuneration.
(b)  An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree.
(c)  This section does not apply to a peace officer who is engaged in the actual discharge of an official duty.
(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, the other law, or both.
Added by Acts 2009, 81st Leg., R.S., Ch. 153 (S.B. 2225), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 47 - Gambling › Section 47.02. Gambling

Sec. 47.02.  GAMBLING.  (a)  A person commits an offense if he:
(1)  makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest;
(2)  makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate;  or
(3)  plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
(b)  It is a defense to prosecution under this section that:
(1)  the actor engaged in gambling in a private place;
(2)  no person received any economic benefit other than personal winnings;  and
(3)  except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
(c)  It is a defense to prosecution under this section that the actor reasonably believed that the conduct:
(1)  was permitted under Chapter 2001, Occupations Code;
(2)  was permitted under Chapter 2002, Occupations Code;
(3)  was permitted under Chapter 2004, Occupations Code;
(4)  consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466, Government Code);
(5)  was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or
(6)  consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department.
(d)  An offense under this section is a Class C misdemeanor.
(e)  It is a defense to prosecution under this section that a person played for something of value other than money using an electronic, electromechanical, or mechanical contrivance excluded from the definition of "gambling device" under Section 47.01(4)(B).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 101, ch. 11, Sec. 43, eff. Nov. 10, 1981;  Acts 1989, 71st Leg., ch. 957, Sec. 2, eff. Jan. 1, 1990;  Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 3;  Acts 1993, 73rd Leg., ch. 107, Sec. 4.04, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 774, Sec. 2, eff. Aug. 30, 1993.  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 76, Sec. 14.53, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 318, Sec. 20, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 931, Sec. 79, eff. June 16, 1995;  Acts 1997, 75th Leg., ch. 1256, Sec. 124, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.834, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 2, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.08, eff. April 1, 2019.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 47 - Gambling › Section 47.03. Gambling Promotion

Sec. 47.03.  GAMBLING PROMOTION.  (a)  A person commits an offense if he intentionally or knowingly does any of the following acts:
(1)  operates or participates in the earnings of a gambling place;
(2)  engages in bookmaking;
(3)  for gain, becomes a custodian of anything of value bet or offered to be bet;
(4)  sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate;  or
(5)  for gain, sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.
(b)  An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1987, 70th Leg., ch. 313, Sec. 3, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 47 - Gambling › Section 47.04. Keeping a Gambling Place

Sec. 47.04.  KEEPING A GAMBLING PLACE.  (a)  A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.
(b)  It is an affirmative defense to prosecution under this section that:
(1)  the gambling occurred in a private place;
(2)  no person received any economic benefit other than personal winnings;  and
(3)  except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
(c)  An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1977, 65th Leg., p. 667, ch. 251, Sec. 1, eff. Aug. 29, 1977.  Acts 1989, 71st Leg., ch. 1030, Sec. 1, eff. Sept. 1, 1989.  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 47 - Gambling › Section 47.05. Communicating Gambling Information

Sec. 47.05.  COMMUNICATING GAMBLING INFORMATION.  (a)  A person commits an offense if, with the intent to further gambling, he knowingly communicates information as to bets, betting odds, or changes in betting odds or he knowingly provides, installs, or maintains equipment for the transmission or receipt of such information.
(b)  It is an exception to the application of Subsection (a) that the information communicated is intended for use in placing a lawful wager under Chapter 2027, Occupations Code, and is not communicated in violation of Section 2033.013, Occupations Code.
(c)  An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.09, eff. April 1, 2019.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 47 - Gambling › Section 47.06. Possession of Gambling Device, Equipment, or Paraphernalia

Sec. 47.06.  POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA.  (a)  A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers, or possesses any gambling device that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of a gambling device.
(b)  A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers commercially, or possesses any altered gambling equipment that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of such device.
(c)  A person commits an offense if, with the intent to further gambling, the person knowingly owns, manufactures, transfers commercially, or possesses gambling paraphernalia.
(d)  It is a defense to prosecution under Subsections (a) and (c) that:
(1)  the device, equipment, or paraphernalia is used for or is intended for use in gambling that is to occur entirely in a private place;
(2)  a person involved in the gambling does not receive any economic benefit other than personal winnings;  and
(3)  except for the advantage of skill or luck, the chance of winning is the same for all participants.
(e)  An offense under this section is a Class A misdemeanor.
(f)  It is a defense to prosecution under Subsection (a) or (c) that the person owned, manufactured, transferred, or possessed the gambling device, equipment, or paraphernalia for the sole purpose of shipping it to another jurisdiction where the possession or use of the device, equipment, or paraphernalia was legal.
(g)  A district or county attorney is not required to have a search warrant or subpoena to inspect a gambling device or gambling equipment or paraphernalia on an ocean-going vessel that enters the territorial waters of this state to call at a port in this state.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1977, 65th Leg., p. 668, ch. 251, Sec. 2, eff. Aug. 29, 1977;  Acts 1977, 65th Leg., p. 1865, ch. 741, Sec. 1, eff. Aug. 29, 1977;  Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(48), eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 458, Sec. 1, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 1030, Sec. 2, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 44, Sec. 1, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 315, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 4;  Acts 1993, 73rd Leg., ch. 107, Sec. 4.05, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 284, Sec. 30, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 47 - Gambling › Section 47.07. Evidence

Sec. 47.07.  EVIDENCE.  In any prosecution under this chapter in which it is relevant to prove the occurrence of a sporting event, a published report of its occurrence in a daily newspaper, magazine, or other periodically printed publication of general circulation shall be admissible in evidence and is prima facie evidence that the event occurred.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 47.08 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 47 - Gambling › Section 47.08. Testimonial Immunity

Sec. 47.08.  TESTIMONIAL IMMUNITY.  (a)  A party to an offense under this chapter may be required to furnish evidence or testify about the offense.
(b)  A party to an offense under this chapter may not be prosecuted for any offense about which he is required to furnish evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury.
(c)  For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.
(d)  A conviction under this chapter may be had upon the uncorroborated testimony of a party to the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Renumbered from Penal Code Sec. 47.09 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 47 - Gambling › Section 47.09. Other Defenses

Sec. 47.09.  OTHER DEFENSES.  (a)  It is a defense to prosecution under this chapter that the conduct:
(1)  was authorized under:
(A)  Chapter 2001, Occupations Code;
(B)  Chapter 2002, Occupations Code;
(C)  Chapter 2004, Occupations Code;
(D)  Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or
(E)  Chapter 280, Finance Code;
(2)  consisted entirely of participation in the state lottery authorized by Chapter 466, Government Code; or
(3)  was a necessary incident to the operation of the state lottery and was directly or indirectly authorized by:
(A)  Chapter 466, Government Code;
(B)  the lottery division of the Texas Lottery Commission;
(C)  the Texas Lottery Commission; or
(D)  the director of the lottery division of the Texas Lottery Commission.
(b)  It is an affirmative defense to prosecution under Sections 47.04, 47.06(a), and 47.06(c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if:
(1)  before the vessel enters the territorial waters of this state, the district attorney or, if there is no district attorney, the county attorney for the county in which the port is located receives notice of the existence of the device, equipment, or paraphernalia on board the vessel and of the anticipated dates on which the vessel will enter and leave the territorial waters of this state;
(2)  at all times while the vessel is in the territorial waters of this state all devices, equipment, or paraphernalia are disabled, electronically or by another method, from a remote and secured area of the vessel in a manner that allows only the master or crew of the vessel to remove any disabling device;
(3)  at all times while the vessel is in the territorial waters of this state any disabling device is not removed except for the purposes of inspecting or repairing the device, equipment, or paraphernalia;  and
(4)  the device, equipment, or paraphernalia is not used for gambling or other gaming purposes while the vessel is in the territorial waters of this state.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.54, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 111, Sec. 1, eff. May 16, 1997;  Acts 1997, 75th Leg., ch. 1035, Sec. 55, eff. June 19, 1997;  Acts 1999, 76th Leg., ch. 844, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.835, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 3, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.10, eff. April 1, 2019.
Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 5, eff. November 7, 2017.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 47 - Gambling › Section 47.10. American Documentation of Vessel Required

Sec. 47.10.  AMERICAN DOCUMENTATION OF VESSEL REQUIRED.  If 18 U.S.C. Section 1082 is repealed, the affirmative defenses provided by Section 47.09(b) apply only if the vessel is documented under the laws of the United States.
Added by Acts 1989, 71st Leg., ch. 1030, Sec. 4, eff. Sept. 1, 1989.  Renumbered from Penal Code Sec. 47.12 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(27), eff. Sept. 6, 1990.  Renumbered from Penal Code Sec. 47.13 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 47 - Gambling › Section 47.11. Deposits in Certain Accounts Not Consideration

Sec. 47.11.  DEPOSITS IN CERTAIN ACCOUNTS NOT CONSIDERATION.  For purposes of this chapter, opening or making a deposit in a savings account or other savings program subject to a savings promotion raffle under Chapter 280, Finance Code, does not constitute consideration.
Added by Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 6, eff. November 7, 2017.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 48 - Conduct Affecting Public Health › Section 48.01. Smoking Tobacco

Sec. 48.01.  SMOKING TOBACCO.  (a)  In this section, "e-cigarette" has the meaning assigned by Section 161.081, Health and Safety Code.
(a-1)  A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place.
(b)  It is a defense to prosecution under this section that the conveyance or public place in which the offense takes place does not have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance or public place and that an offense is punishable by a fine not to exceed $500.
(c)  All conveyances and public places set out in Subsection (a-1) shall be equipped with facilities for extinguishment of smoking materials and it shall be a defense to prosecution under this section if the conveyance or public place within which the offense takes place is not so equipped.
(d)  It is an exception to the application of Subsection (a-1) if the person is in possession of the burning tobacco product, smokes tobacco, or operates the e-cigarette exclusively within an area designated for smoking tobacco or operating an e-cigarette or as a participant in an authorized theatrical performance.
(e)  An area designated for smoking tobacco or operating an e-cigarette on a transit system bus or intrastate plane or train must also include the area occupied by the operator of the transit system bus, plane, or train.
(f)  An offense under this section is punishable as a Class C misdemeanor.
Added by Acts 1975, 64th Leg., p. 744, ch. 290, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 165, Sec. 30.242, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 39, eff. October 1, 2015.