reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 20 - Kidnapping, Unlawful Restraint, and Smuggling of Persons › Section 20.01. Definitions

Sec. 20.01.  DEFINITIONS.  In this chapter:
(1)  "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:
(A)  force, intimidation, or deception;  or
(B)  any means, including acquiescence of the victim, if:
(i)  the victim is a child who is less than 14 years of age or an incompetent person and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement or confinement;  or
(ii)  the victim is a child who is 14 years of age or older and younger than 17 years of age, the victim is taken outside of the state and outside a 120-mile radius from the victim's residence, and the parent, guardian, or person or institution acting in loco parentis has not acquiesced in the movement.
(2)  "Abduct" means to restrain a person with intent to prevent his liberation by:
(A)  secreting or holding him in a place where he is not likely to be found;  or
(B)  using or threatening to use deadly force.
(3)  "Relative" means a parent or stepparent, ancestor, sibling, or uncle or aunt, including an adoptive relative of the same degree through marriage or adoption.
(4)  "Person" means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code.
(5)  Notwithstanding Section 1.07, "individual" means a human being who has been born and is alive.
(6)  "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.
(7)  "Firearm" has the meaning assigned by Section 46.01.
(8)  "Special investigator" includes an agent of the United States Department of Homeland Security.
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;  Acts 1999, 76th Leg., ch. 790, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 822, Sec. 2.03, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 112 (S.B. 1258), Sec. 4, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 572 (S.B. 576), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 20 - Kidnapping, Unlawful Restraint, and Smuggling of Persons › Section 20.02. Unlawful Restraint

Sec. 20.02.  UNLAWFUL RESTRAINT.  (a)  A person commits an offense if he intentionally or knowingly restrains another person.
(b)  It is an affirmative defense to prosecution under this section that:
(1)  the person restrained was a child younger than 14 years of age;
(2)  the actor was a relative of the child;  and
(3)  the actor's sole intent was to assume lawful control of the child.
(c)  An offense under this section is a Class A misdemeanor, except that the offense is:
(1)  a state jail felony if the person restrained was a child younger than 17 years of age;
(2)  a felony of the third degree if:
(A)  the actor recklessly exposes the victim to a substantial risk of serious bodily injury;
(B)  the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
(C)  the actor, while in custody or committed to a civil commitment facility, restrains any other person; or
(3)  notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.
(d)  It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested.
(e)  It is an affirmative defense to prosecution under this section that:
(1)  the person restrained was a child who is 14 years of age or older and younger than 17 years of age;
(2)  the actor does not restrain the child by force, intimidation, or deception;  and
(3)  the actor is not more than three years older than the child.
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;  Acts 1997, 75th Leg., ch. 707, Sec. 1(b), 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 790, Sec. 2, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 524, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 20 - Kidnapping, Unlawful Restraint, and Smuggling of Persons › Section 20.03. Kidnapping

Sec. 20.03.  KIDNAPPING.  (a)  A person commits an offense if he intentionally or knowingly abducts another person.
(b)  It is an affirmative defense to prosecution under this section that:
(1)  the abduction was not coupled with intent to use or to threaten to use deadly force;
(2)  the actor was a relative of the person abducted;  and
(3)  the actor's sole intent was to assume lawful control of the victim.
(c)  An offense under this section 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.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 20 - Kidnapping, Unlawful Restraint, and Smuggling of Persons › Section 20.04. Aggravated Kidnapping

Sec. 20.04.  AGGRAVATED KIDNAPPING.  (a)  A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1)  hold him for ransom or reward;
(2)  use him as a shield or hostage;
(3)  facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4)  inflict bodily injury on him or violate or abuse him sexually;
(5)  terrorize him or a third person;  or
(6)  interfere with the performance of any governmental or political function.
(b)  A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.
(c)  Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d)  At the punishment stage of a trial, the defendant may raise the issue as to whether he voluntarily released the victim in a safe place.  If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second 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;  Acts 1995, 74th Leg., ch. 318, Sec. 4, eff. Sept. 1, 1995.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 20 - Kidnapping, Unlawful Restraint, and Smuggling of Persons › Section 20.06. Continuous Smuggling of Persons

Sec. 20.06.  CONTINUOUS SMUGGLING OF PERSONS.  (a)  A person commits an offense if, during a period that is 10 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20.05.
(b)  If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 20.05 or on which exact date the defendant engaged in that conduct.  The jury must agree unanimously that the defendant, during a period that is 10 or more days in duration, engaged two or more times in conduct that constitutes an offense under Section 20.05.
(c)  If the victim of an offense under Subsection (a) is the same victim as a victim of an offense under Section 20.05, a defendant may not be convicted of the offense under Section 20.05 in the same criminal action as the offense under Subsection (a), unless the offense under Section 20.05:
(1)  is charged in the alternative;
(2)  occurred outside the period in which the offense alleged under Subsection (a) was committed; or
(3)  is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).
(d)  A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 20.05 is alleged to have been committed against the same victim.
(e)  Except as provided by Subsections (f) and (g), an offense under this section is a felony of the second degree with a minimum term of imprisonment of 10 years.
(f)  An offense under this section is a felony of the first degree with a minimum term of imprisonment of 10 years if:
(1)  the conduct constituting an offense under Section 20.05 is conducted in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death; or
(2)  the smuggled individual is a child younger than 18 years of age at the time of the offense.
(g)  An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years, if:
(1)  it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, as defined by Section 22.011, or aggravated sexual assault, as defined by Section 22.021; or
(2)  the smuggled individual suffered serious bodily injury or death.
Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 15, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 4), Sec. 4, eff. February 6, 2024.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 20 - Kidnapping, Unlawful Restraint, and Smuggling of Persons › Section 20.07. Operation of Stash House

Sec. 20.07.  OPERATION OF STASH HOUSE.  (a)  A person commits an offense if the person knowingly:
(1)  uses or permits another to use any real estate, building, room, tent, vehicle, boat, or other property owned by the person or under the person's control to commit an offense or to facilitate the commission of an offense under Section 20.05, 20.06, 20A.02, 20A.03, 43.04, or 43.05; or
(2)  rents or leases any property to another, intending that the property be used as described by Subdivision (1).
(b)  An offense under this section is a felony of the third degree with a minimum term of imprisonment of five years, except that the offense is a felony of the second degree with a minimum term of imprisonment of five years if:
(1)  the offense is committed under Subsection (a)(1) and the property that is the subject of the offense is used to commit or facilitate the commission of an offense under Section 20.06, 20A.03, or 43.05; or
(2)  it is shown on the trial of the offense that as a direct result of the commission of the offense:
(A)  an individual became a victim of sexual assault, as defined by Section 22.011, or aggravated sexual assault, as defined by Section 22.021; or
(B)  an individual suffered serious bodily injury or death.
(c)  If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2019, 86th Leg., R.S., Ch. 412 (H.B. 2613), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 4), Sec. 5, eff. February 6, 2024.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 20A - Trafficking of Persons › Section 20A.01. Definitions

Sec. 20A.01.  DEFINITIONS.  In this chapter:
(1)  "Child" means a person younger than 18 years of age.
(1-a)  "Coercion" as defined by Section 1.07 includes:
(A)  destroying, concealing, confiscating, or withholding from a trafficked person, or threatening to destroy, conceal, confiscate, or withhold from a trafficked person, the person's actual or purported:
(i)  government records; or
(ii)  identifying information or documents;
(B)  causing a trafficked 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 or resist engaging in any conduct, including performing or providing labor or services; or
(C)  withholding alcohol or a controlled substance to a degree that impairs the ability of a trafficked person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services.
(1-b)  "Disabled individual" has the meaning assigned by Section 22.021(b).
(2)  "Forced labor or services" means labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person and obtained through an actor's use of force, fraud, or coercion.
(2-a)  "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.
(2-b)  "School" means a public or private primary or secondary school.
(3)  "Sexual conduct" has the meaning assigned by Section 43.25.
(4)  "Traffic" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.
Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 16.01, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 849 (H.B. 1121), Sec. 4, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 1.01, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 21, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 905 (H.B. 3521), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1049 (S.B. 1831), Sec. 5, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 93 (S.B. 1527), Sec. 2.01, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 20A - Trafficking of Persons › Section 20A.03. Continuous Trafficking of Persons

Sec. 20A.03.  CONTINUOUS TRAFFICKING OF PERSONS.  (a)  A person commits an offense if, during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20A.02 against one or more victims.
(b)  If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under  Section 20A.02 or on which exact date the defendant engaged in that conduct.  The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, engaged in conduct that constituted an offense under Section 20A.02.
(c)  If the victim of an offense under Subsection (a) is the same victim as a victim of an offense under Section 20A.02, a defendant may not be convicted of the offense under Section 20A.02 in the same criminal action as the offense under Subsection (a), unless the offense under Section 20A.02:
(1)  is charged in the alternative;
(2)  occurred outside the period in which the offense alleged under Subsection (a) was committed; or
(3)  is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).
(d)  A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 20A.02 is alleged to have been committed against the same victim.
(e)  An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years.
Added by Acts 2011, 82nd Leg., R.S., Ch. 122 (H.B. 3000), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 20A - Trafficking of Persons › Section 20A.04. Accomplice Witness; Testimony and Immunity

Sec. 20A.04.  ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY.  (a)  A party to an offense under this chapter may be required to provide evidence or testify about the offense.
(b)  A party to an offense under this chapter may not be prosecuted for any offense about which the party is required to provide 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. For purposes of this subsection, "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.
(c)  A conviction under this chapter may be had on the uncorroborated testimony of a party to the offense.
Added by Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.01. Definitions

Sec. 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 or 21.12, 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, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 1, eff. Aug. 27, 1979;  Acts 1981, 67th Leg., p. 203, ch. 96, Sec. 3, eff. Sept. 1, 1981;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 2001, 77th Leg., ch. 739, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.124, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 631 (H.B. 246), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.06. Homosexual Conduct

Sec. 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, 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 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.07. Public Lewdness

Sec. 21.07.  PUBLIC LEWDNESS.
(a)  A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's:
(1)  act of sexual intercourse;
(2)  act of deviate sexual intercourse; or
(3)  act of sexual contact.
(b)  An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code.
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. 739 (S.B. 1232), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.08. Indecent Exposure

Sec. 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.
Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 3
(b)  An offense under this section is a Class B misdemeanor, except that the offense is a felony of the third degree if the actor is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code.
Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 822 (H.B. 1730), Sec. 1
(b)  An offense under this section is a Class B misdemeanor, except that the offense is:
(1)  a Class A misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted one time of an offense under this section; and
(2)  a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1983, 68th Leg., p. 509, ch. 924, Sec. 1, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 3, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 822 (H.B. 1730), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.09. Bestiality

Sec. 21.09.  BESTIALITY.  (a)  A person commits an offense if the person knowingly:
(1)  engages in an act involving contact between:
(A)  the person's mouth, anus, or genitals and the anus or genitals of an animal; or
(B)  the person's anus or genitals and the mouth of the animal;
(2)  fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing;
(3)  causes an animal to contact the seminal fluid of the person;
(4)  inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice;
(5)  possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4);
(6)  organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4);
(7)  causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4);
(8)  permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control;
(9)  engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or
(10)  advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4).
(b)  An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree.
(c)  It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice.
Added by Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.11. Indecency With a Child

Sec. 21.11.  INDECENCY WITH A CHILD.  (a)  A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, 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.
(b-1)  It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.
(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, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff. Sept. 1, 1981;  Acts 1987, 70th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 1, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 32, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.15. Invasive Visual Recording

Sec. 21.15.  INVASIVE VISUAL RECORDING.  (a)  In this section:
(1)  "Female breast" means any portion of the female breast below the top of the areola.
(2)  "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
(3)  "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.
(4)  "Promote" has the meaning assigned by Section 43.21.
(b)  A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:
(1)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;
(2)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or
(3)  knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
(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.
(e)  For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.
Added by Acts 2001, 77th Leg., ch. 458, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 500, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 306 (H.B. 1804), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 1, eff. June 18, 2015.
Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 2, eff. June 18, 2015.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.165. Unlawful Production or Distribution of Certain Sexually Explicit Videos

Sec. 21.165.  UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN SEXUALLY EXPLICIT VIDEOS.  (a)  In this section:
(1)  "Deep fake video" means a video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality.
(2)  "Intimate parts" and "sexual conduct" have the meanings assigned by Section 21.16.
(b)  A person commits an offense if, without the effective consent of the person appearing to be depicted, the person knowingly produces or distributes by electronic means a deep fake video that appears to depict the person with the person's intimate parts exposed or engaged in sexual conduct.
(c)  An offense under this section is a Class A misdemeanor.
(d)  If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section or the other law.
Added by Acts 2023, 88th Leg., R.S., Ch. 355 (S.B. 1361), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.17. Voyeurism

Sec. 21.17.  VOYEURISM.  (a)  A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes, including remotely through the use of electronic means, another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.
(b)  Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor.
(c)  An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.
(d)  An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.
(e)  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 2015, 84th Leg., R.S., Ch. 676 (H.B. 207), Sec. 1, eff. September 1, 2015.
Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(35), eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 326 (H.B. 2306), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.18. Sexual Coercion

Sec. 21.18.  SEXUAL COERCION.  (a)  In this section:
(1)  "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c).
(2)  "Sexual conduct" has the meaning assigned by Section 43.25.
(b)  A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:
(1)  intimate visual material;
(2)  an act involving sexual conduct causing arousal or gratification; or
(3)  a monetary benefit or other benefit of value.
(c)  A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:
(1)  intimate visual material; or
(2)  an act involving sexual conduct causing arousal or gratification.
(d)  This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.
(e)  An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(c), eff. September 1, 2017.
Added by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 4(b), eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 21 - Sexual Offenses › Section 21.19. Unlawful Electronic Transmission of Sexually Explicit Visual Material

Sec. 21.19.  UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL.  (a)  In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16.
(b)  A person commits an offense if the person knowingly transmits by electronic means visual material that:
(1)  depicts:
(A)  any person engaging in sexual conduct or with the person's intimate parts exposed; or
(B)  covered genitals of a male person that are in a discernibly turgid state; and
(2)  is not sent at the request of or with the express consent of the recipient.
(c)  An offense under this section is a Class C misdemeanor.
(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 2019, 86th Leg., R.S., Ch. 848 (H.B. 2789), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 22 - Assaultive Offenses › Section 22.012. Indecent Assault

Sec. 22.012.  INDECENT ASSAULT.  (a)  A person commits an offense if, without the other person's consent and with the intent to arouse or gratify the sexual desire of any person, the person:
(1)  touches the anus, breast, or any part of the genitals of another person;
(2)  touches another person with the anus, breast, or any part of the genitals of any person;
(3)  exposes or attempts to expose another person's genitals, pubic area, anus, buttocks, or female areola; or
(4)  causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of any person.
(b)  An offense under this section is a Class A misdemeanor, except that the offense is:
(1)  a state jail felony if it is shown on the trial of the offense that:
(A)  the defendant has been previously convicted of an offense under this section, other than an offense punishable under Paragraph (B); or
(B)  the defendant is a health care services provider or a mental health services provider and the act is:
(i)  committed during the course of providing a treatment or service to the victim; and
(ii)  beyond the scope of generally accepted practices for the treatment or service; or
(2)  a felony of the third degree if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section that is punishable under Subdivision (1)(B).
(c)  If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
(d)  In this section, "health care services provider" and "mental health services provider" have the meanings assigned by Section 22.011.
Added by Acts 2019, 86th Leg., R.S., Ch. 955 (S.B. 194), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 659 (H.B. 55), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 22 - Assaultive Offenses › Section 22.05. Deadly Conduct

Sec. 22.05.  DEADLY CONDUCT.  (a)  A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b)  A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1)  one or more individuals;  or
(2)  a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(c)  Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.
(d)  For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.
(e)  An offense under Subsection (a) is a Class A misdemeanor.  An offense under Subsection (b) 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.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 22 - Assaultive Offenses › Section 22.06. Consent as Defense to Assaultive Conduct

Sec. 22.06.  CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT.  (a)  The victim's effective consent or the actor's reasonable belief that the victim consented to the actor's conduct is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:
(1)  the conduct did not threaten or inflict serious bodily injury;  or
(2)  the victim knew the conduct was a risk of:
(A)  his occupation;
(B)  recognized medical treatment;  or
(C)  a scientific experiment conducted by recognized methods.
(b)  The defense to prosecution provided by Subsection (a) is not available to a defendant who commits an offense described by Subsection (a) as a condition of the defendant's or the victim's initiation or continued membership in a criminal street gang, as defined by Section 71.01.
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 2007, 80th Leg., R.S., Ch. 273 (H.B. 184), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 22 - Assaultive Offenses › Section 22.07. Terroristic Threat

Sec. 22.07.  TERRORISTIC THREAT.  (a)  A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(1)  cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
(2)  place any person in fear of imminent serious bodily injury;
(3)  prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;
(4)  cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
(5)  place the public or a substantial group of the public in fear of serious bodily injury; or
(6)  influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
(b)  An offense under Subsection (a)(1) is a Class B misdemeanor.
(c)  An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense:
(1)  is committed against a member of the person's family or household or otherwise constitutes family violence; or
(2)  is committed against a public servant.
(c-1)  Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge.
(d)  An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony.
(e)  An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.
(f)  In this section:
(1)  "Family" has the meaning assigned by Section 71.003, Family Code.
(2)  "Family violence" has the meaning assigned by Section 71.004, Family Code.
(3)  "Household" has the meaning assigned by Section 71.005, Family Code.
(g)  For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, Sec. 2, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 2003, 78th Leg., ch. 139, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 388, Sec. 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 446, Sec. 1, eff. Sept. 1, 2003.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 16.003, eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 440 (H.B. 2908), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 22 - Assaultive Offenses › Section 22.08. Aiding Suicide

Sec. 22.08.  AIDING SUICIDE.  (a)  A person commits an offense if, with intent to promote or assist the commission of suicide by another, he aids or attempts to aid the other to commit or attempt to commit suicide.
(b)  An offense under this section is a Class C misdemeanor unless the actor's conduct causes suicide or attempted suicide that results in serious bodily injury, in which event the offense is a state jail felony.
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 5 - Offenses Against the Person › Chapter 22 - Assaultive Offenses › Section 22.09. Tampering With Consumer Product

Sec. 22.09.  TAMPERING WITH CONSUMER PRODUCT.  (a)  In this section:
(1)  "Consumer Product" means any product offered for sale to or for consumption by the public and includes "food" and "drugs" as those terms are defined in Section 431.002, Health and Safety Code.
(2)  "Tamper" means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury.
(b)  A person commits an offense if he knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another.
(c)  A person commits an offense if he knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person.
(d)  An offense under Subsection (b) is a felony of the second degree unless a person suffers serious bodily injury, in which event it is a felony of the first degree.  An offense under Subsection (c) is a felony of the third degree.
Added by Acts 1983, 68th Leg., p. 2812, ch. 481, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1989, 71st Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(32), eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 22 - Assaultive Offenses › Section 22.10. Leaving a Child in a Vehicle

Sec. 22.10.  LEAVING A CHILD IN A VEHICLE.  (a)  A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is:
(1)  younger than seven years of age;  and
(2)  not attended by an individual in the vehicle who is 14 years of age or older.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 1984, 68th Leg., 2nd C.S., ch. 24, Sec. 1, eff. Oct. 2, 1984.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 5 - Offenses Against the Person › Chapter 22 - Assaultive Offenses › Section 22.12. Applicability to Certain Conduct

Sec. 22.12.  APPLICABILITY TO CERTAIN CONDUCT.  This chapter does not apply to conduct charged as having been committed against an individual who is an unborn child if the conduct is:
(1)  committed by the mother of the unborn child;
(2)  a lawful medical procedure performed by a physician or other health care provider with the requisite consent;
(3)  a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code;  or
(4)  the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.
Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.04, eff. Sept. 1, 2003.
2023 Texas Statutes › Penal Code › Title 6 - Offenses Against the Family › Chapter 25 - Offenses Against the Family › Section 25.01. Bigamy

Sec. 25.01.  BIGAMY.  (a)  An individual commits an offense if:
(1)  he is legally married and he:
(A)  purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor's prior marriage, constitute a marriage;  or
(B)  lives with a person other than his spouse in this state under the appearance of being married;  or
(2)  he knows that a married person other than his spouse is married and he:
(A)  purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person's prior marriage, constitute a marriage;  or
(B)  lives with that person in this state under the appearance of being married.
(b)  For purposes of this section, "under the appearance of being married" means holding out that the parties are married with cohabitation and an intent to be married by either party.
(c)  It is a defense to prosecution under Subsection (a)(1) that the actor reasonably believed at the time of the commission of the offense that the actor and the person whom the actor married or purported to marry or with whom the actor lived under the appearance of being married were legally eligible to be married because the actor's prior marriage was void or had been dissolved by death, divorce, or annulment.  For purposes of this subsection, an actor's belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court.
(d)  For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage.
(e)  An offense under this section is a felony of the third degree, except that if at the time of the commission of the offense, the person whom the actor marries or purports to marry or with whom the actor lives under the appearance of being married is:
(1)  17 years of age, the offense is a felony of the second degree; or
(2)  16 years of age or younger, the offense is a felony of the first 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 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.03, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 222 (H.B. 253), Sec. 4, eff. September 1, 2011.