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 assigned by Section 455.001, Occupations Code.
(4) "Nude" means a child who is:
(A) entirely unclothed; or
(B) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the child is female, or any portion of the genitals or buttocks.
(5) "Sexually oriented commercial activity" means a massage establishment, nude studio, modeling studio, love parlor, or other similar commercial enterprise the primary business of which is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer.
(6) "Topless" means a female child clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola.
(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.
Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 42
(c) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the child is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the child at the time of the offense.
Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 13
(c) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 42
(d) Conduct under this section constitutes an offense regardless of whether the actor knows the age of the child at the time of the offense.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 13
(d) Conduct under this section constitutes an offense regardless of whether the actor knows the age of the victim at the time of the offense.
Added by Acts 1987, 70th Leg., ch. 783, Sec. 1, eff. Aug. 31, 1987. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 1420, Sec. 14.832, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 4.03, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 938 (H.B. 290), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 18, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 42, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 13, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 79 (S.B. 315), Sec. 8, eff. May 24, 2021.
Acts 2021, 87th Leg., R.S., Ch. 942 (S.B. 766), Sec. 8, eff. September 1, 2021.
Notes of Decisions
Cited in
10
cases (
5 in the last 5 years), 1995–2025 · leading case:
Jeannie Coutta v. State, 385 S.W.3d 641 (Tex. App.—El Paso 2012).
Jeannie Coutta v. State, 385 S.W.3d 641 (Tex. App.—El Paso 2012).
· cites it 5× “Tex. Penal Code Ann. § 43.251 (b)(2) (West 2011).”
in the Interest of L.M.I. & J.A.I., Minor Child., 119 S.W.3d 707 (Tex. 2003).
“See Tex Penal Code § 43.251(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.”
Lawrence v. State, 41 S.W.3d 349 (Tex. App.—Houston [14th Dist.] 2001).
· cites it 2× “[26] TEX. PEN.CODE ANN. § 43.251 ( Vernon 1994 ).”
DC Operating v. Paxton, 100 F.4th 657 (5th Cir. 2024).
“034; and Tex. Penal Code § 43.251). District courts have since upheld S.”
Ex parte Destin Spearman v. the State of Texas, No. 01-22-00735-CR (Tex. App.—Houston [1st Dist.] Aug. 24, 2023).
· cites it 17× “Appellant also asserted that Texas Penal Code section 43.251 was “a content-based restriction” of speech that violated the First Amendment, so it was presumed to be unlawful.”
Assoc of Club Executives v. Paxton, No. 24-50434 (5th Cir. July 14, 2025).
· cites it 3× “315 amended Texas Penal Code Section 43.251 by changing the definition of “child” to mean “a person younger than 21 [18] years of age.”
DC Operating, LLC v. Attorney Gen. of Texas, 586 F. Supp. 3d 554 (W.D. Tex. 2022).
· cites it 2× “315 amended Texas Penal Code Section 43.251 by changing its definition of “child” to mean “a person younger than 21 years of age.”
Glenn Hegar v. Texas BLC, Inc., No. 01-18-00554-CV (Tex. App.—Houston [1st Dist.] Aug. 18, 2020).
“” The Legislature previously used this definition of “nude” in Texas Penal Code, §43.251. The use of identical language indicates that the Legislature intended identical interpretations.”
Eric Laranze Taylor v. State of Texas, No. 04-23-00091-CR (Tex. App.—San Antonio Aug. 14, 2024).
“TEX. PENAL CODE ANN. § 43.251(b)(1) (a person commits employment harmful to children if the person “induces a child to work .”
Tex. Penal Code § 43.251(a): 1 case
Ex parte Destin Spearman v. the State of Texas, No. 01-22-00735-CR (Tex. App.—Houston [1st Dist.] Aug. 24, 2023).
“Appellant also asserted that Texas Penal Code section 43.251 was “a content-based restriction” of speech that violated the First Amendment, so it was presumed to be unlawful.”
Tex. Penal Code § 43.251(a)(1): 2 cases
Assoc of Club Executives v. Paxton, No. 24-50434 (5th Cir. July 14, 2025).
“315 amended Texas Penal Code Section 43.251 by changing the definition of “child” to mean “a person younger than 21 [18] years of age.”
Tex. Penal Code § 43.251(a)(6): 1 case
Tex. Penal Code § 43.251(b): 1 case
in the Interest of L.M.I. & J.A.I., Minor Child., 119 S.W.3d 707 (Tex. 2003).
“See Tex Penal Code § 43.251(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.”
Tex. Penal Code § 43.251(b)(1): 1 case
Eric Laranze Taylor v. State of Texas, No. 04-23-00091-CR (Tex. App.—San Antonio Aug. 14, 2024).
“TEX. PENAL CODE ANN. § 43.251(b)(1) (a person commits employment harmful to children if the person “induces a child to work .”
Tex. Penal Code § 43.251(b)(2): 1 case
Ex parte Destin Spearman v. the State of Texas, No. 01-22-00735-CR (Tex. App.—Houston [1st Dist.] Aug. 24, 2023).
“Appellant also asserted that Texas Penal Code section 43.251 was “a content-based restriction” of speech that violated the First Amendment, so it was presumed to be unlawful.”
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