Texas SB 12 restricts sexually oriented performances on public property where a child could see them and in any commercial venue where someone under 18 is present. The law passed in the 2023 legislative session, was blocked by a federal court, and became enforceable on March 18, 2026, after the Fifth Circuit vacated that injunction. Performers face a Class A misdemeanor; venue operators face civil penalties up to $10,000 per violation.
What Performances the Law Actually Covers
SB 12 is narrower than its reputation suggests. A performance only falls under the law when two things are true at once.
First, the show has to appeal to a “prurient interest in sex.” That is a legal threshold meaning erotic in nature, not merely suggestive, provocative, or artistic. The Fifth Circuit leaned on this point when it found that most of the original challengers could not show their planned performances would even qualify.
Second, the performance has to involve specific conduct the statute lists as “sexual conduct”: actual or simulated sex acts, or actual or simulated physical contact with another person’s buttocks, breasts, or genitals. The definition also reaches the use of accessories or prosthetics that exaggerate male or female sexual characteristics, such as oversized prosthetic breasts worn as part of a stage act.
Both prongs have to be present. A costume accessory on its own does not trigger the law unless the overall performance also appeals to a prurient interest in sex.
Where and When It Applies
The law reaches two settings.
On public property, which includes government-owned parks, buildings, and other spaces open to the public, criminal exposure only kicks in when the performance happens at a time, place, and manner where a child could reasonably be expected to see it. A late-night show in an enclosed venue on public land with no minors around is not treated the same as a daytime performance in a public park.
In commercial establishments, the restriction applies any time someone under 18 is present during the performance. Bars and clubs that already keep minors off the premises are not affected, because the trigger is a minor actually being there. Parental consent does not change the analysis. If a child is in the audience, the law applies even if a parent or guardian brought them.
Penalties
SB 12 splits consequences between the performer and the venue.
A performer who knowingly stages a sexually oriented performance on public property where a child could see it, or in the presence of anyone under 18 at any location, commits a Class A misdemeanor. That carries up to a $4,000 fine, up to one year in county jail, or both.1State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor
A person who controls a commercial establishment and allows a sexually oriented performance on the premises while a minor is present faces a civil penalty of up to $10,000 per violation. The Texas Attorney General has authority to pursue those civil fines, and they run separately from any criminal prosecution of the performer.2Texas Legislature Online. Texas Senate Bill 12
Cities and Counties Cannot Opt Out
SB 12 strips local governments of the authority to authorize sexually oriented performances on public property or in the presence of minors. A city or county cannot pass an ordinance or issue a permit that overrides the state restrictions, and a municipality cannot designate a public park as an approved venue for a performance that would otherwise fall under the law. The preemption holds even where local officials believe community standards would support allowing the performance.
Where the Court Case Stands
SB 12 was challenged almost immediately. In August 2023 the ACLU of Texas sued on behalf of several plaintiffs, and U.S. District Judge David Hittner in the Southern District of Texas found the law unconstitutional, ruling that it “impermissibly infringes on the First Amendment and chills free speech.” He issued a permanent injunction blocking enforcement statewide.
Texas appealed. The Fifth Circuit issued its opinion in November 2025 and a revised opinion on February 25, 2026. The appellate court did not decide whether SB 12 is constitutional. It found that most plaintiffs lacked standing because they could not show they intended to do anything the law actually prohibits; only one plaintiff, 360 Queen Entertainment, demonstrated performances that “arguably include conduct regulated by the statute” while minors were present. The court vacated the injunction and sent the case back to the district court for further analysis.3Justia Law. Woodlands Pride v. Paxton, No. 23-20480
With the injunction lifted, SB 12 became enforceable on March 18, 2026. The underlying lawsuit continues on remand, so the law could still be blocked again. For now, performers and venue operators in Texas should treat it as active and enforceable.