Title PE, Penal Code

Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL. (a) A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal. (b) A person commits an offense if the person intentionally, knowingly, or recklessly incites or permit…

Sec. 42.092. CRUELTY TO NONLIVESTOCK ANIMALS. (a) In this section: (1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person. (2) "Animal" means a domesticated living creature, including …

Sec. 42.10. DOG FIGHTING. (a) A person commits an offense if the person intentionally or knowingly: (1) causes a dog to fight with another dog; (2) participates in the earnings of or operates a facility used for dog fighting; (3) uses or permits another to use any real estate, bu…

Sec. 42.105. COCKFIGHTING. (a) In this section: (1) "Bridle" means a leather device designed to fit over the head and beak of a cock to prevent the cock from injuring another cock. (2) "Cock" means the male of any type of domestic fowl. (3) "Cockfighting" means any situation in w…

Sec. 42.107. POSSESSION OF ANIMAL BY PERSON CONVICTED OF ANIMAL CRUELTY. (a) A person commits an offense if the person: (1) possesses or exercises control over an animal; and (2) within the five-year period preceding the date of the instant offense, has been previously convicted …

Sec. 42.11. DESTRUCTION OF FLAG. (a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas. (b) In this section, "flag" means an emblem, banner, or other standard or a copy of…

Sec. 42.12. DISCHARGE OF FIREARM IN CERTAIN MUNICIPALITIES. (a) A person commits an offense if the person recklessly discharges a firearm inside the corporate limits of a municipality having a population of 100,000 or more. (b) An offense under this section is a Class A misdemean…

Sec. 42.13. USE OF LASER POINTERS. (a) A person commits an offense if the person knowingly directs a light from a laser pointer at a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, s…

Sec. 42.14. ILLUMINATION OF AIRCRAFT BY INTENSE LIGHT. (a) A person commits an offense if: (1) the person intentionally directs a light from a laser pointer or other light source at an aircraft; and (2) the light has an intensity sufficient to impair the operator's ability to con…

Sec. 42.15. OPERATION OF UNMANNED AIRCRAFT OVER AIRPORT, MILITARY INSTALLATION, OR SPACEPORT. (a) In this section: (1) "Airport" has the meaning assigned by Section 22.001, Transportation Code. (2) "Military installation" means any military installation owned or operated by or fo…

Sec. 43.01. DEFINITIONS. In this subchapter: (1) "Access software provider" means a provider of software, including client or server software, or enabling tools that perform one or more of the following functions: (A) filter, screen, allow, or disallow content; (B) select, analyz…

Sec. 43.02. PROSTITUTION. (a) A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct. (b-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 44(2), eff. September 1, 2017. (c) An offense under …

Sec. 43.021. SOLICITATION OF PROSTITUTION. (a) A person commits an offense if the person knowingly offers or agrees to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another. (b) An offense under Subsection (a) is a state jail felony…

Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly: (1) receives money or other property pursuant to an agreement to participate in …

Sec. 43.031. ONLINE PROMOTION OF PROSTITUTION. (a) A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of …

Sec. 43.032. CONTINUOUS PROMOTION OF PROSTITUTION. (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 43.03. (b) If a jury is the trier of fact, members…

Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A person commits an offense if he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes. (b) An offense under this section is a felony of the first d…

Sec. 43.041. AGGRAVATED ONLINE PROMOTION OF PROSTITUTION. (a) A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prost…

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 ac…

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 requir…

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…

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 w…

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…

Sec. 43.231. PROMOTION OR POSSESSION OF CHILD-LIKE SEX DOLL. (a) In this section, "child-like sex doll" means an obscene, anatomically correct doll, mannequin, or robot that has the features of a child and that is intended to be used for sexual stimulation or gratification. (b) A…

Sec. 43.235. POSSESSION, PROMOTION, OR PRODUCTION OF CERTAIN VISUAL MATERIAL APPEARING TO DEPICT CHILD. (a) In this section: (1) "Promote" has the meaning assigned by Section 43.25. (2) "Visual material" has the meaning assigned by Section 43.26. (b) A person commits an offense i…

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…

Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD. (a) In this section: (1) "Sexual performance" means any performance or part thereof that includes sexual conduct by a child younger than 18 years of age. (2) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, …

Sec. 43.251. EMPLOYMENT HARMFUL TO CHILDREN. (a) In this section: (1) "Child" means a person younger than 21 years of age. (2) "Massage" has the meaning assigned to the term "massage therapy" by Section 455.001, Occupations Code. (3) "Massage establishment" has the meaning assign…

Sec. 43.26. POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY. (a) In this section: (1) "Depiction of a child" means, with respect to an image of a child contained in visual material: (A) a depiction of a child who was younger than 18 years of age at the time the image of the child wa…

Sec. 43.261. ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR. (a) In this section: (1) "Dating relationship" has the meaning assigned by Section 71.0021, Family Code. (2) "Minor" means a person younger than 18 years of age. (3) "Produce" with respect to visual …

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 t…

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…

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, actu…

Sec. 46.01. DEFINITIONS. In this chapter: (1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (A) black…

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; (2) at the time of the offense: (A) is younger than 21 years of age; or (B) has been convicted of an …

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a): (1) on the premises of a school or post…

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 h…

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the perso…

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 commi…

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record…

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of a…

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 1…

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…

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 felo…

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 ins…

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 …