§ 111.33 ENFORCEMENT.

   (A)   If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of §§ 111.04(A) or 111.25 above is punishable as a Class B misdemeanor.

   (B)   It is a defense to prosecution under §§ 111.04(A), 111.25 or 111.28(D) above that a person appearing in a state of nudity did so in a modeling class operated:

      (1)   By a propriety school licensed by the State of Texas; a college, junior college or university supported entirely or partly by taxation;

      (2)   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

      (3)   In a structure:

         (a)   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

         (b)   Where in order to participate in a class a student must enroll at least three days in advance of the class; and

         (c)   Where no more than one nude model is on the premises at any one time.

   (C)   It is a defense to prosecution under §§ 111.04(A) or 111.25 that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.

(2005 Code, § 6-2-21) Penalty, see § 111.99