§ 24. DEFENSES

It is a defense to a prosecution under Sections 4, 5 and 16 that a person appearing in a state nudity, semi-nudity, or simulated nudity did so in a modeling class operated:

(1)

By a proprietary school licensed by the State of Texas; a college, junior college or university supported entirely or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college or university supported entirely or in part by taxation; or

(3)

In a structure:

a.

Which has no sign or other advertising visible from the exterior of the structure indicating a nude, semi-nude or simulated nude person is available for viewing; and

b.

Where in order to participate in a class a student must enroll at least three days in advance to the class; and

c.

Where no more than one (1) nude, semi-nude or simulated nude model is on the premises at any one (1) time.

(Ord. No. 2006-09, Sec. 24, adopted 8-15-06)