Public Indecency Flashcards
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 the proceeds of prostitution; or
(2) solicits another to engage in sexual conduct with another person for compensation.
(b) An offense under this section is a _____.
Class A misdemeanor
PROSTITUTION. (a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.
(c) An offense under this section is a _____, except that the offense is:
(1) a _____ if the actor has previously been convicted one or two times of an offense under this section;
(2) a _____ if the actor has previously been convicted three or more times of an offense under this section;
(3) a _____ if the person solicited is 14 years of age or older and younger than 18 years of age; or
(4) a _____ if the person solicited is younger than _____ years of age.
Class B misdemeanor; Class A misdemeanor; state jail felony; felony of the third degree; felony of the second degree; 14
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 _____ or more prostitutes.
(b) An offense under this section is a _____.
two; felony of the third degree
COMPELLING PROSTITUTION. (a) A person commits an offense if the person knowingly:
(1) causes another by force, threat, or fraud to commit prostitution; or
(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 the actor commits the offense.
(b) An offense under Subsection (a)(1) is a _____. An offense under Subsection (a)(2) is a _____.
felony of the second degree; felony of the first degree
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
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 _____.
(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 _____.
(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 _____ or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.
state jail felony; Class A misdemeanor; six
SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR.
(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).
(d) An offense under this section is a _____ unless it is committed under Subsection (b)(3) in which event it is a _____.
Class A misdemeanor; felony of the third degree
SEXUAL PERFORMANCE BY A CHILD
(b) A person commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child younger than _____ years of age to engage in sexual conduct or a sexual performance. A parent or legal guardian or custodian of a child younger than _____ years of age commits an offense if he consents to the participation by the child in a sexual performance.
(c) An offense under Subsection (b) is a felony of the _____, except that the offense is a _____ if the victim is younger than _____ years of age at the time the offense is committed.
(d) A person commits an offense if, knowing the character and content of the material, he produces, directs, or promotes a performance that includes sexual conduct by a child younger than _____ years of age.
(e) An offense under Subsection (d) is a _____, except that the offense is a _____ if the victim is younger than _____ years of age at the time the offense is committed.
18; 18; second degree; felony of the first degree; 14; 18; felony of the third degree; felony of the second degree; 14
EMPLOYMENT HARMFUL TO CHILDREN
(b) A person commits an offense if the person employs, authorizes, or induces a child to work:
(1) in a sexually oriented commercial activity; or
(2) in any place of business permitting, requesting, or requiring a child to work nude or topless.
(c) An offense under this section is a _____, except that the offense is a _____ if the child is younger than _____ years of age at the time the offense is committed.
(c) An offense under this section is a _____, except that the offense is:
(1) a _____ 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 _____ 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.
felony of the second degree; felony of the first degree; 14; Class A misdemeanor; state jail felony; felony of the third degree
POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY. (a) A person commits an offense if:
(1) the person knowingly or intentionally possesses visual material that visually depicts a child younger than _____ years of age at the time the image of the child was made who is engaging in sexual conduct; and
(2) the person knows that the material depicts the child as described by Subdivision (1).
(d) An offense under Subsection (a) is a _____.
(e) A person commits an offense if:
(1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and
(2) the person knows that the material depicts the child as described by Subsection (a)(1).
(f) A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.
(g) An offense under Subsection (e) is a _____.
18; felony of the third degree; felony of the second degree
ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR
(b) A person who is a minor commits an offense if the person intentionally or knowingly:
(1) by electronic means promotes to another minor visual material depicting a minor, including the actor, engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material; or
(2) possesses in an electronic format visual material depicting another minor engaging in sexual conduct, if the actor produced the visual material or knows that another minor produced the visual material.
(c) An offense under Subsection (b)(1) is a _____, except that the offense is:
(1) a _____ if it is shown on the trial of the offense that the actor:
(A) promoted the visual material with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another; or
(B) except as provided by Subdivision (2)(A), has previously been convicted one time of any offense under this section; or
(2) a _____ if it is shown on the trial of the offense that the actor has previously been:
(A) convicted one or more times of an offense punishable under Subdivision (1)(A); or
(B) convicted two or more times of any offense under this section.
(d) An offense under Subsection (b)(2) is a _____, except that the offense is:
(1) a _____ if it is shown on the trial of the offense that the actor has previously been convicted one time of any offense under this section; or
(2) a _____ if it is shown on the trial of the offense that the actor has previously been convicted two or more times of any offense under this section.
Class C misdemeanor; Class B misdemeanor; Class A misdemeanor; Class C misdemeanor; Class B misdemeanor; Class A misdemeanor
