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Originally Posted by senor rubirosa Even a bulge?
Hoo boy.
I'd love to know the wording. |
This is copied and pasted directly from the text of the Texas Penal Code I found online. It's kinda long, I'll delete the portions not relevant...
PENAL CODE
CHAPTER 43. PUBLIC INDECENCY
SUBCHAPTER B. OBSCENITY
§ 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.
§ 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.
How's that, Senor Rubirosa? The first part of this chapter deals with prostitution, and the last portion deals with child porn/obscenity. I highlighted a couple of salient paragraphs. The one about "covered male genitalia in a discernably turgid state" is the one I referred to earlier, I'm sure that it could be "interpreted" however they wanted to interpret it.
