Title

Penal, Chapter 21 - Sexual Offenses

Text

CHAPTER 21 - SEXUAL OFFENSES

Sec.

21.01. Definitions.

21.06. Homosexual conduct.

21.07. Public lewdness.

21.08. Indecent exposure.

21.11. Indecency with a child.

Section 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 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 21.07. Public lewdness.

(a) A person commits an offense if he knowingly engages

in any of the following acts in a public place or, if not

in a public place, he is reckless about whether another is

present who will be offended or alarmed by his:

(1) act of sexual intercourse;

(2) act of deviate sexual intercourse;

(3) act of sexual contact;

(4) act involving contact between the person's mouth or

genitals and the anus or genitals of an animal or fowl.

(b) An offense under this section is a Class A

misdemeanor.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 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.

(b) An offense under this section is a Class B

misdemeanor.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)

Section 21.11. Indecency with a child.

(a) A person commits an offense if, with a child younger

than 17 years and not his spouse, whether the child is of

the same or opposite sex, he:

(1) engages in sexual contact with the child; or

(2) exposes his anus or any part of his genitals,

knowing the child is present, with intent to arouse or

gratify the sexual desire of any person.

(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; and

(2) did not use duress, force, or a threat against the

victim at the time of the offense.

(c) 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.

(Chgd. by L.1993, chap. 900(1.01), eff. 9/1/94.)