PC CH 43. Public Indecency
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PC CH 43. Public Indecency

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Questions and Answers

"______" means the payment or offer of payment in the form of money, goods, services, or other benefit.

Fee

"___________" A person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.

Prostitution

"__________" 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.

Sexual contact

"__________" means any penetration of the female sex organ by the male sex organ.

<p>Sexual intercourse</p> Signup and view all the answers

"__________" A 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.

<p>Solicitation of Prostitution</p> Signup and view all the answers

"_________" A person commits an offense if the person knowingly offers or agrees to receive a fee from another to engage in sexual conduct.

<p>Prostitution</p> Signup and view all the answers

What is the punishment for the offense, "Prostitution"?

<p>Class B Misdemeanor</p> Signup and view all the answers

What is the punishment for the offense, "Prostitution" if the actor has previously been convicted one or two times of the same offense?

<p>Class A Misdemeanor</p> Signup and view all the answers

What is the punishment for the offense, "Prostitution" if the actor has previously been convicted three or more times of the same offense?

<p>State Jail Felony</p> Signup and view all the answers

True or False: It is a defense to prosecution for an offense under Subsection (a)(Prostitution) that the actor engaged in the conduct that constitutes the offense because the actor was the victim of conduct that constitutes an offense under Section 20A.02 (Trafficking of Persons) or 43.05 (Compelling Prostitution).

<p>True</p> Signup and view all the answers

"___________" 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.

<p>Solicitation of Prostitution</p> Signup and view all the answers

What is the punishment for the offense, "Solicitation of Prostitution"?

<p>State Jail Felony</p> Signup and view all the answers

What is the punishment for the offense, "Solicitation of Prostitution" if the actor has previously been convicted of an offense?

<p>Felony of the Third Degree</p> Signup and view all the answers

What is the punishment for the offense, "Solicitation of Prostitution" if the person to whom the actor offers or agrees to pay the fee for the purpose of engaging in sexual conduct is: (A) younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense; (B) represented to the actor as being younger than 18 years of age; or (C) believed by the actor to be younger than 18 years of age?

<p>Felony of the Second Degree</p> Signup and view all the answers

The punishment prescribed for an offense of, "Solicitation of Prostitution" is increased to the punishment prescribed for the next highest category of offense if it is shown on the trial of the offense that the actor committed the offense in a location that was: (1) on the premises of or within ____ feet of the premises of a school; or (2) on premises or within ____ feet of premises where: (A) an official school function was taking place; or (B) an event sponsored or sanctioned by the University Interscholastic League was taking place.

<p>1,000</p> Signup and view all the answers

"___________" 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.

<p>Promotion of Prostitution</p> Signup and view all the answers

What is the punishment for the offense, "Promotion of Prostitution"?

<p>Felony of the Third Degree</p> Signup and view all the answers

What is the punishment for the offense, "Promotion of Prostitution" if the actor has been previously convicted of the offense?

<p>Felony of the Second Degree</p> Signup and view all the answers

What is the punishment for the offense, "Promotion of Prostitution" if the actor engages in conduct of the offense and involves a person younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense?

<p>Felony of the First Degree</p> Signup and view all the answers

"__________" 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.

<p>Aggravated Promotion of Prostitution</p> Signup and view all the answers

What is the punishment for the offense, "Aggravated Promotion of Prostitution"?

<p>Felony of the First Degree</p> Signup and view all the answers

"________"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 actor knows the age of the child at the time of the offense; or (3) causes by any means a disabled individual, to commit prostitution, regardless of whether the actor knows the individual is disabled at the time of the offense.

<p>Compelling Prostitution</p> Signup and view all the answers

What is the punishment for the offense, "Compelling Prostitution"?

<p>Felony of the First Degree</p> Signup and view all the answers

"________" destroying, concealing, confiscating, or withholding from a person, or threatening to destroy, conceal, confiscate, or withhold from a person, the person's actual or purported: (A) government records; or (B) identifying information or documents.

<p>Coercion</p> Signup and view all the answers

"__________" Causing a person, without the person's consent, to become intoxicated, to a degree that impairs the person's ability to appraise the nature of the person's conduct that constitutes prostitution or to resist engaging in that conduct; or withholding alcohol or a controlled substance to a degree that impairs the ability of a person with a chemical dependency, to appraise the nature of the person's conduct that constitutes prostitution or to resist engaging in that conduct.

<p>Coercion</p> Signup and view all the answers

"_________" 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.

<p>Material</p> Signup and view all the answers

"_________" means material or a performance that: the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex.

<p>Obscene</p> Signup and view all the answers

"________" means material or a performance that: taken as a whole, lacks serious literary, artistic, political, and scientific value.

<p>Obscene</p> Signup and view all the answers

"_________" means a play, motion picture, dance, or other exhibition performed before an audience.

<p>Performance</p> Signup and view all the answers

"__________" means so offensive on its face as to affront current community standards of decency.

<p>Patently offensive</p> Signup and view all the answers

"_________" 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.

<p>Promote</p> Signup and view all the answers

"__________" 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.

<p>Wholesale promote</p> Signup and view all the answers

"_________" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.

<p>Obscene device</p> Signup and view all the answers

"_________" 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.

<p>Obscene Display or Distribution</p> Signup and view all the answers

What is the punishment for the offense, "Obscene Display or Distribution"?

<p>Class C Misdemeanor</p> Signup and view all the answers

Under the offense, "Sale, Distribution, or Display of Harmful Material to Minor", Minor means an individual younger than ____ years of age.

<p>18</p> Signup and view all the answers

"__________" means material whose dominant theme taken as a whole: (A) appeals to the prurient interest of a minor, in sex, nudity, or excretion; (B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (C) is utterly without redeeming social value for minors.

<p>Harmful material</p> Signup and view all the answers

"________" 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).

<p>Sale, Distribution, or Display of Harmful Material to Minor</p> Signup and view all the answers

True or False: It is not an affirmative defense to prosecution of "Sale, Distribution, or Display of Harmful Material to Minor" that the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.

<p>False</p> Signup and view all the answers

True or False: It is a defense to prosecution of, "Sale, Distribution, or Display of Harmful Material to Minor" that the actor was the spouse of the minor at the time of the offense.

<p>True</p> Signup and view all the answers

What is the punishment of the offense, "Sale, Distribution, or Display of Harmful Material to Minor"?

<p>Class A Misdemeanor</p> Signup and view all the answers

"________" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

<p>Sexual conduct</p> Signup and view all the answers

"__________" A person commits an offense if, knowing the character and content thereof, he employs, authorizes, or induces a child younger than 18 years of age to engage in sexual conduct or a sexual performance. A parent or legal guardian or custodian of a child younger than 18 years of age commits an offense if he consents to the participation by the child in a sexual performance.

<p>Sexual Performance by a Child</p> Signup and view all the answers

What is the punishment for the offence, "Sexual Performance by a Child"?

<p>Felony of the Second Degree</p> Signup and view all the answers

What is the punishment for the offence, "Sexual Performance by a Child" 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?

<p>Felony of the First Degree</p> Signup and view all the answers

What is the punishment for the offence, "Sexual Performance by a Child" if the actor knowing the character and content of the material, he produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18 years of age?

<p>Felony of the Third Degree</p> Signup and view all the answers

Bob is producing a pornographic film and one of the two actors (Sarah) is 17 years old. Bob was unaware of Sarah's age at the time of the filming. What degree of felony has Bob committed?

<p>Felony of the Third Degree</p> Signup and view all the answers

Frank is the owner of a Topless Bar. Frank hires Candy to act in an advertisement video for his business and has Candy dance topless for costumers in the video. Both Frank and Candy's parents are aware that Candy is 17 years old and is 4 Months from turning 18. What offense can Frank and Candy's parents be charged with?

<p>Sexual Performance by a Child</p> Signup and view all the answers

True or False: It is an affirmative defense to prosecution of, "Sexual Performance by a Child" that the defendant is not more than two years older than the child.

<p>True</p> Signup and view all the answers

Under the offense, "Employment Harmful to Children" child means a person younger than ____ years of age.

<p>21</p> Signup and view all the answers

"______" 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.

<p>Nude</p> Signup and view all the answers

"_________" 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.

<p>Employment Harmful to Children</p> Signup and view all the answers

What is the punishment for the offense, "Employment Harmful to Children"?

<p>Felony of the Second Degree</p> Signup and view all the answers

"Employment Harmful to Children" Offense is a felony of the first degree if the child is younger than ____ 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.

<p>14</p> Signup and view all the answers

Karen owns a lingerie shop that requires employees to wear the products while working retail. Karen hired on Gina, an 18 year old. Gina is required to wear lingerie that is less than fully opaque and that exposes her breasts below the top of the areola. What crime if any has Karen committed?

<p>Employment Harmful to Children</p> Signup and view all the answers

"________" The person knowingly or intentionally possesses, or knowingly or intentionally accesses with intent to view, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct, including a child who engages in sexual conduct as a victim of an offense under Trafficking of Persons.

<p>Possession or Promotion of Child Pornography</p> Signup and view all the answers

What is the punishment for the offense, "Possession or Promotion of Child Pornography"?

<p>Felony of the Third Degree</p> Signup and view all the answers

What is the punishment for the offense, "Possession or Promotion of Child Pornography" when it is shown on the trial of the offense that the person has been previously convicted one time or the person possesses visual material that contains 10 or more visual depictions of a child but fewer than 50 such depictions?

<p>Felony of the Second Degree</p> Signup and view all the answers

What is the punishment for the offense, "Possession or Promotion of Child Pornography" when it is shown on the trial of the offense that the person has been previously convicted two or more times or the person possesses visual material that contains: 50 or more visual depictions of a child as described by Subsection (a)(1)?

<p>Felony of the First Degree</p> Signup and view all the answers

"________" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.

<p>Dating relationship</p> Signup and view all the answers

"_______"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.

<p>Electronic Transmission or Certain Visual Material Depicting Minor</p> Signup and view all the answers

What is the punishment for the offense, "Electronic Transmission or Certain Visual Material Depicting Minor"?

<p>Class C Misdemeanor</p> Signup and view all the answers

What is the punishment for the offense, "Electronic Transmission or Certain Visual Material Depicting Minor" when the actor promoted the visual material with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another?

<p>Class B Misdemeanor</p> Signup and view all the answers

What is the punishment for the offense, "Electronic Transmission of Certain Visual Material Depicting Minor" when the actor promoted the visual material with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another and the actor has been convicted one or more times of this same offense?

<p>Class A Misdemeanor</p> Signup and view all the answers

Study Notes

Prostitution

  • A person commits an offense if they knowingly offer or agree to receive a fee from another to engage in sexual conduct.
  • The punishment for the offense, "Prostitution" is a Class B misdemeanor.
  • If the actor has previously been convicted one or two times of the same offense, the punishment is a Class A misdemeanor.
  • If the actor has previously been convicted three or more times of the same offense, the punishment is a state jail felony.

Solicitation of Prostitution

  • A person commits an offense if they knowingly offer or agree to pay a fee to another person for the purpose of engaging in sexual conduct with that person or another.
  • The punishment for the offense, "Solicitation of Prostitution" is a Class B misdemeanor.
  • If the actor has previously been convicted of an offense, the punishment is a Class A misdemeanor.
  • If the person to whom the actor offers or agrees to pay the fee is younger than 18 years of age, the punishment is a second-degree felony.
  • If the offense is committed in a location that is on the premises of or within 1,000 feet of the premises of a school, or on premises or within 1,000 feet of premises where an official school function was taking place, the punishment is increased to the next highest category of offense.

Promotion of Prostitution

  • A person commits an offense if they knowingly receive money or other property pursuant to an agreement to participate in the proceeds of prostitution.
  • The punishment for the offense, "Promotion of Prostitution" is a Class A misdemeanor.
  • If the actor has previously been convicted of the offense, the punishment is a state jail felony.
  • If the actor engages in conduct of the offense and involves a person younger than 18 years of age, the punishment is a second-degree felony.

Aggravated Promotion of Prostitution

  • A person commits an offense if they knowingly own, invest in, finance, control, supervise, or manage a prostitution enterprise that uses two or more prostitutes.
  • The punishment for the offense, "Aggravated Promotion of Prostitution" is a second-degree felony.

Compelling Prostitution

  • A person commits an offense if they knowingly cause another person to commit prostitution by force, threat, coercion, or fraud.
  • The punishment for the offense, "Compelling Prostitution" is a first-degree felony.

Obscenity

  • A person commits an offense if they intentionally or knowingly display or distribute an obscene photograph, drawing, or similar visual representation or other obscene material.
  • The punishment for the offense, "Obscene Display or Distribution" is a Class A misdemeanor.

Sale, Distribution, or Display of Harmful Material to Minor

  • A person commits an offense if they knowing that the material is harmful, sell, distribute, exhibit, or possess for sale, distribution, or exhibition to a minor harmful material.
  • The punishment for the offense, "Sale, Distribution, or Display of Harmful Material to Minor" is a Class A misdemeanor.

Sexual Performance by a Child

  • A person commits an offense if they employ, authorize, or induce a child younger than 18 years of age to engage in sexual conduct or a sexual performance.
  • The punishment for the offense, "Sexual Performance by a Child" is a second-degree felony.
  • If the victim is younger than 14 years of age at the time the offense is committed, the punishment is a first-degree felony.
  • If the actor produces, directs, or promotes a performance that includes sexual conduct by a child younger than 18 years of age, the punishment is a first-degree felony.

Employment Harmful to Children

  • A person commits an offense if they employ, authorize, or induce a child to work in a sexually oriented commercial activity or in any place of business permitting, requesting, or requiring a child to work nude or topless.
  • The punishment for the offense, "Employment Harmful to Children" is a second-degree felony.
  • If the child is younger than 14 years of age at the time the offense is committed, the punishment is a first-degree felony.

Possession or Promotion of Child Pornography

  • A person commits an offense if they knowingly or intentionally possess, or knowingly or intentionally access with intent to view, visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made.
  • The punishment for the offense, "Possession or Promotion of Child Pornography" is a second-degree felony.
  • If the person has been previously convicted one time or possesses visual material that contains 10 or more visual depictions of a child but fewer than 50 such depictions, the punishment is a first-degree felony.
  • If the person has been previously convicted two or more times or possesses visual material that contains 50 or more visual depictions of a child, the punishment is a first-degree felony.

Electronic Transmission or Certain Visual Material Depicting Minor

  • A person who is a minor commits an offense if they intentionally or knowingly promote to another minor visual material depicting a minor, including the actor, engaging in sexual conduct.
  • The punishment for the offense, "Electronic Transmission or Certain Visual Material Depicting Minor" is a Class A misdemeanor.
  • If the actor promoted the visual material with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another, the punishment is a Class A misdemeanor.
  • If the actor promoted the visual material with intent to harass, annoy, alarm, abuse, torment, embarrass, or offend another and the actor has been convicted one or more times of this same offense, the punishment is a Class A misdemeanor.

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