Texas Codes

Tex. Penal Code § 43.21 (2026)

Definitions

✓ current as of May 2026

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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 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

(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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 372, ch. 163, Sec. 1, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1974, ch. 778, Sec. 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions

Cited in 73 cases (5 in the last 5 years), 1977–2026 · leading case: Reliable Consultants, Inc. v. Earle, 517 F.3d 738 (5th Cir. 2008).

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Reliable Consultants, Inc. v. Earle, 517 F.3d 738 (5th Cir. 2008). · cites it 7× “(i) In this section, "identifiable child" means a person, recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature: (1) who was younger than 18 years of age at the time the…”

Burden v. State, 55 S.W.3d 608 (Tex. Crim. App. 2001). · cites it 2× “5 Compare Tex Penal Code § 43.21(a)(1), with Miller, 413 U.”

Graves v. State, 307 S.W.3d 483 (Tex. App. 2010). · cites it 4× “” Tex. Penal Code Ann. § 43.21 (1)(B) (Vernon 2003).”

New York v. Ferber, 458 U.S. 747 (1982). · cites it 2× “1981); Tex. Penal Code Ann. § 43.21 (a) (1982); Utah Code Ann.”

Castillo v. State, 79 S.W.3d 817 (Tex. App. 2002). · cites it 6× “" See Tex. Pen. Code Ann. § 43.21 (a); Miller v.”

Varkonyi v. State, 276 S.W.3d 27 (Tex. App. 2008). · cites it 5× “al 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…”

Webb v. Glenbrook Owners Ass'n, Inc., 298 S.W.3d 374 (Tex. App. 2009). · cites it 2× “See Tex. Penal Code Ann. § 43.21 (a)(1), (4) (Vernon 2003).”

Vance v. Universal Amusement Co., 445 U.S. 308 (1980). · cites it 2× “307 (1967), to bar a defendant from raising a First Amendment defense in an action for contempt.”

Webber v. State, 21 S.W.3d 726 (Tex. App. 2000). · cites it 4× “" Tex. Penal Code Ann. § 43.21 (a)(7) (West 1994).”

Regalado v. State, 872 S.W.2d 7 (Tex. App. 1994). · cites it 7× “TEX.PENAL CODE ANN. § 43.23(f) (Vernon 1989).”

Gholson v. State, 667 S.W.2d 168 (Tex. App. 1984). · cites it 4× “The most difficult questions posed by Appellant are found in grounds of error three and four, in which he challenges the constitutionality of TEX.PENAL CODE ANN. § 43.21(a)(4) and (a)(5) on the grounds of overbreadth, both on the face of the provisions and as they were applied…”

Montana v. Patterson, 894 S.W.2d 812 (Tex. App. 1994). “TexPenal Code Ann. § 43.21 (Vernon 1992).”

Show all 73 citing cases →

— Tex. Penal Code § 43.21(1)(B) — 1 case

James Dixon Graves, Jr. v. State (Tex. App. 2010).

— Tex. Penal Code § 43.21(4) — 1 case

James Dixon Graves, Jr. v. State (Tex. App. 2010).

— Tex. Penal Code § 43.21(7) — 1 case

James Dixon Graves, Jr. v. State (Tex. App. 2010).

— Tex. Penal Code § 43.21(a) — 2 cases

Varkonyi v. State, 276 S.W.3d 27 (Tex. App. 2008). “al 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…”

Thomas Varkonyi v. State (Tex. App. 2008).

— Tex. Penal Code § 43.21(a)(1) — 8 cases

Burden v. State, 55 S.W.3d 608 (Tex. Crim. App. 2001). “5 Compare Tex Penal Code § 43.21(a)(1), with Miller, 413 U.”

Castillo v. State, 79 S.W.3d 817 (Tex. App. 2002). “" See Tex. Pen. Code Ann. § 43.21 (a); Miller v.”

Red Bluff Drive-In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981).

Hoyle v. State, 650 S.W.2d 97 (Tex. App. 1983).

Green v. State, 219 S.W.3d 84 (Tex. App. 2006).

— Tex. Penal Code § 43.21(a)(1)(A) — 2 cases

Ybarra v. State, 762 S.W.2d 368 (Tex. App. 1988).

The Woodlands Pride, Inc. v. Paxton (S.D. Tex. 2023).

— Tex. Penal Code § 43.21(a)(1)(B) — 2 cases

Burden v. State, 55 S.W.3d 608 (Tex. Crim. App. 2001). “5 Compare Tex Penal Code § 43.21(a)(1), with Miller, 413 U.”

Castillo v. State, 79 S.W.3d 817 (Tex. App. 2002). “" See Tex. Pen. Code Ann. § 43.21 (a); Miller v.”

— Tex. Penal Code § 43.21(a)(1)(B)(i) — 1 case

Nuncio, Ex Parte Leonardo (Tex. Crim. App. 2022).

— Tex. Penal Code § 43.21(a)(1)(C) — 2 cases

Rent v. State, 771 S.W.2d 723 (Tex. App. 1989).

Ybarra v. State, 762 S.W.2d 368 (Tex. App. 1988).

— Tex. Penal Code § 43.21(a)(2) — 4 cases

State v. Stone, 137 S.W.3d 167 (Tex. App. 2004).

Janjua v. State, 991 S.W.2d 419 (Tex. App. 1999).

Hutto v. State, 775 S.W.2d 407 (Tex. App. 1989).

— Tex. Penal Code § 43.21(a)(3) — 1 case

Greenlee v. State, 648 S.W.2d 783 (Tex. App. 1983).

— Tex. Penal Code § 43.21(a)(4) — 7 cases

Gholson v. State, 667 S.W.2d 168 (Tex. App. 1984). “The most difficult questions posed by Appellant are found in grounds of error three and four, in which he challenges the constitutionality of TEX.PENAL CODE ANN. § 43.21(a)(4) and (a)(5) on the grounds of overbreadth, both on the face of the provisions and as they were applied…”

Staten v. State, 686 S.W.2d 268 (Tex. App. 1985).

David Gary Hoover v. Don Byrd, Sheriff of Dallas Cnty. Texas, 801 F.2d 740 (5th Cir. 1986).

The State of Texas v. Daniel Solis (Tex. App. 2023).

— Tex. Penal Code § 43.21(a)(5) — 11 cases

Reliable Consultants, Inc. v. Earle, 517 F.3d 738 (5th Cir. 2008). “(i) In this section, "identifiable child" means a person, recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature: (1) who was younger than 18 years of age at the time the…”

Regalado v. State, 872 S.W.2d 7 (Tex. App. 1994). “TEX.PENAL CODE ANN. § 43.23(f) (Vernon 1989).”

Yates v. State, 766 S.W.2d 286 (Tex. App. 1989).

— Tex. Penal Code § 43.21(a)(7) — 9 cases

Regalado v. State, 872 S.W.2d 7 (Tex. App. 1994). “TEX.PENAL CODE ANN. § 43.23(f) (Vernon 1989).”

Webber v. State, 21 S.W.3d 726 (Tex. App. 2000). “" Tex. Penal Code Ann. § 43.21 (a)(7) (West 1994).”

Janjua v. State, 991 S.W.2d 419 (Tex. App. 1999).

Moses v. State, 630 S.W.2d 337 (Tex. App. 1982).

— Tex. Penal Code § 43.21(a)(l)(B)(i) — 1 case

Taylor v. State, 625 S.W.2d 839 (Tex. App. 1981).

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