According to Texas Penal Code Ch 43.02 – Prostitution, an individual commits a prostitution or solicitation 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.
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Texas Penal Code 42.02 would be handed to the jury. The jury would be asked to decide if a Golden Shower is a sexual conduct. My guess is it probably has never been tried in court.
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If you went to trial your attorney would find a definition of Golden Shower and the prosecution attorney would bring there's. The decision would be left to a jury if it was sexual conduct.
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Originally Posted by Fizley
Are you saying that they can vary from the definitions in Texas Penal Code 42.01? Those definitions seem pretty narrow when compared to the various fetishes people might enjoy. Or does "includes" in 42.01(4) mean that it is not an exhaustive list?
42.01 (4): “Sexual conduct” includes deviate sexual intercourse, sexual contact, and sexual intercourse.
42.01 (1-A): “Deviate sexual intercourse” means any contact between the genitals of one person and the mouth or anus of another person.
42.01 (3): “Sexual contact” 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.
42.01 (5): “Sexual intercourse” means any penetration of the female sex organ by the male sex organ.