Stonelake v. State

OPINION

EVANS, Chief Justice.

The appellant was convicted in a nonjury proceeding of promoting an obscene film in violation of Sec. 43.21 of the Texas Penal Code. The court assessed his punishment at three days in jail and a $250.00 fine.

Section 43.21 provides:(a) In this subchapter:(1) “Obscene” means material or a performance that:

(A) the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;

(B) depicts or describes:(i) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted,…