Texas regulates sexually-oriented businesses that offer services, devices, and other items intended to provide sexual stimulation or sexual gratification to their customers. Using more archaic language, the statute prohibits employment at “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.”
Employment harmful to children in Fort Worth is also prohibited at these types of establishments.
What is a “child?”
“Child” is defined for purposes of this statute as persons younger than 18 years of age.
What legal limitations are there on children?
Children are not permitted to work in sexually-oriented businesses including strip clubs, most adult bookstores, or other similar commercial enterprises whose primary purpose is offering services intended to provide either sexual stimulation or sexual gratification to a customer.
A person who employs a child, or authorizes the employment of a child, or induces a child to either engage in a sexually oriented commercial activity or at a place of business where they would be permitted to, asked to, or required to work nude or topless, violates the law against employment harmful to children. The word “nude” encompasses both being completely unclothed as well as being clothed in a manner that exposes any portion of the genitals, buttocks or, for females, any portion of the breast below the top of the areola. The word “topless” similarly includes uncovered breasts or breasts visible through less than fully opaque clothing below the top of the areola. See Penal Code Section 43.251 for more information.
What is the punishment for employment harmful to children?
This offense is punishable based on the age of the child. For children younger than age 14, the offense is a felony in the first degree, with a five-year minimum prison sentence. For children over age 14 but younger than age 18, the offense is a felony in the second degree. This is punishable by a prison term of up to 20 years, with a two-year minimum prison sentence, as well as a fine of up to $10,000.
Facing Charges for Employment Harmful to Children in Fort Worth
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