(A) Definitions. For purposes of this section, the word OBSCENE is defined as whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interests. The term CONTEMPORARY COMMUNITY STANDARDS shall in no case involve a territory or geographic area less than the state.
(B) Generally. Whoever shall knowingly photograph, act in, pose for, model for, print, sell, offer for sale, give away, exhibit, televise, publish or offer to publish or have in his or her possession or under his or her control or otherwise distribute, make, display or exhibit any obscene book, magazine, story, pamphlet, paper, writing, card, advertisement, circular, print picture, photograph, motion picture film, image, cast, slide, figure, instrument, statue, drawing, phonograph record, mechanical recording or presentation or other article which is obscene shall be guilty of a misdemeanor.
(C) Affirmative defense. It shall be a defense to any charges brought hereunder if such prohibited matter or act shall be regularly in use in any bona fide, religious, educational or scientific institution or the subject of a bona fide scientific investigation.
(D) Exceptions. The provisions of this section shall not apply to any motion pictures produced or manufactured as commercial pictures which:
(1) Have the seal under the Production Code of the Motion Picture Association of America, Inc.; or
(2) Legally move in interstate commerce under federal law; or
(3) Are legally imported from foreign countries into the United States and have been passed by a customs office of the U.S. Government at any port of entry. The provisions of this section shall not apply to any daily or weekly newspaper.
(`87 Code, § 14-10)
Statutory reference:
Acts involving obscene articles and the like, see Tex. Penal Code, §§ 43.21 et seq.