Texas Vibrator
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Texas Vibrator
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Unconstitutional Texas law banning the sale of sex toys
^ Jump up to: a b "Penal Code Chapter 43. Public Idecency" . Statutes.legis.state.tx.us. Archived from the original on September 18, 2012 . Retrieved July 15, 2017 .
^ "There's something about Mary1 …" . Texas District & County Attorneys Association . Archived from the original on September 18, 2012 . Retrieved July 15, 2017 .
^ "Texas mom faces trial for selling sex toys" . CNN . February 11, 2004. Archived from the original on January 10, 2013 . Retrieved July 15, 2017 .
^ "Police Raid Lingerie Shop" . klbk13.tv . May 21, 2007. Archived from the original on May 25, 2007 . Retrieved May 21, 2007 .
^ "Lubbock District Attorney Drops Charges Against Lingerie Store" . July 16, 2007. Archived from the original on December 10, 2021 . Retrieved July 15, 2022 .
^ "PHE v. State of Texas, Intervenor-Defendant-Appellee" . FindLaw . Archived from the original on July 15, 2017 . Retrieved July 15, 2017 .
^ Reliable Consultants, Inc v. Ronnie Earle , 06-51067 & 06-51104 (5th Cir. February 22, 2008).
^ Texas Office of Court Administration. "Welcome to the official site of the Thirteenth Court of Appeals of Texas" . 13thcoa.courts.state.tx.us . Retrieved 2013-09-01 .
^ "Texas Judiciary Online - HTML Opinion" . 13thcoa.courts.state.tx.us . Retrieved 2013-09-01 .
^ Guest, Robert (October 6, 2008). "Are Dildos Illegal in Texas (again)?" . Dallas Criminal Defense Lawyer Blog . Archived from the original on July 30, 2012 . Retrieved July 15, 2017 .
^ "Dildos & Sexually Obscene "Toys" Illegal in Texas … for now | Austin Attorney Dax Garvin" . Dax Legal . January 31, 2012. Archived from the original on July 16, 2012 . Retrieved July 15, 2017 .
^ "United States Court of Appeals" (PDF) . Ca5.uscourts.gov . Retrieved 2013-09-01 .
^ Brayton, Ed (August 11, 2008). "Dildos at the Supreme Court?" . ScienceBlogs . Archived from the original on October 18, 2008 . Retrieved August 11, 2008 .
^ "2008-11-13 Texas Western Court Order Obscenity Law | PDF | Attorney's Fee | Judgment (Law)" .
The Texas obscenity statute is a statute prohibiting the sale of sex toys in Texas . The law was introduced in 1973, and was last updated in 2003. While the law was never formally repealed, in 2008 a U.S. District Judge released a report declaring it to be "facially unconstitutional and unenforceable".
In 1973, the Texas Legislature passed Section 43.21 of the Texas Penal Code , which, in part, prohibited the sale or promotion of "obscene devices". The statute defines "obscene device" as "a device including a dildo or artificial vagina , designed or marketed as useful primarily for the stimulation of human genital organs ". The legislation was last updated in 2003, and Section 43.23 currently states, "A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device". [1] Section (h) of the law also criminalizes the possession of six or more devices (or "multiple identical or similar" devices) as "presumed to possess them with intent to promote". [1]
Prosecution under the statute is rare but has occasionally occurred. In 2001, attorneys Mary and Ted Roberts used the obscenity statute in an elaborate extortion scheme against a number of men who had engaged in extramarital relations with Mary Roberts. [2] In Burleson in 2004, Joanne Webb faced up to one year in prison for selling a vibrator to two undercover police officers posing as a married couple at a private party. [3] She was later acquitted, and the undercover officers were issued reprimands. In 2007, a lingerie shop in Lubbock was raided, and items "deemed to be illegal by the Texas Penal Code" were confiscated. The clerk on duty at the time was arrested, but charges were later dropped. [4] [5]
Reliable Consultants, Inc., who operate four retail stores in Texas that carry a stock of sexual devices, and PHE, Inc., which is also engaged in the retail distribution of sexual devices through their website and catalogs, both filed lawsuits against the legislation, [ when? ] claiming that the statute is unconstitutional . In an appeal from the United States District Court for the Western District of Texas , a three-judge panel of the United States Court of Appeals for the Fifth Circuit overturned the statute on February 12, 2008, by a vote of 2–1, holding that "the statute has provisions that violate the Fourteenth Amendment of the U.S. Constitution". [6] The State of Texas filed a petition on February 22, 2008, for the Circuit Court to rehear the argument en banc . [7]
On July 3, 2008, Texas's 13th Court of Appeals in Corpus Christi [8] in the case of Villareal vs. State, [9] addressed the ruling of the federal Court of Appeals. The 13th Court of Appeals ruled that until the Texas Court of Criminal Appeals rules that Section 43.23 is unconstitutional, the promotion of obscene devices remains illegal. [10] Therefore, despite the actions of the federal courts and the Texas Attorney General described elsewhere in this article, Section 43.23 remains in effect in the twenty-county area of Texas within the jurisdiction of the 13th Court of Appeals. [11]
On August 1, 2008, the Fifth Circuit denied Texas's request to re-hear the case en banc . [12] The refusal created a split between federal circuits: the 5th Circuit overturned the Texas law and the 11th Circuit upheld the nearly identical Anti-Obscenity Enforcement Act in Alabama. The presence of a "circuit split" is one of the factors that increases the likelihood of the Supreme Court of the United States granting a writ of certiorari and ruling in order to clear up the disagreement between the two Courts of Appeals. [13]
On November 4, 2008, U.S. District Judge Lee Yeakel released a two-page document dated October 29, 2008, in which he stated that the Texas Attorney General's Office notified him that they would not file a writ of certiorari with the Supreme Court. The next month, on November 13, Yeakel filed a "joint status report" that noted the parties had come to an agreement. "Texas Penal Code §§ 43.23, to the extent that it applies to'obscene devices' as defined in Texas Penal Code § 43.21(a)(7), is declared to be facially unconstitutional and unenforceable throughout the State of Texas". [14]
In Texas, even possession of a sex toy is regulated
May 20, 2017 Updated: May 21, 2017 8:42 a.m.
Scroll through the gallery to see what under the radar issues legislators have tackled during the current session
When Texas lawmakers meet again on Jan. 10 in Austin, they'll deal with hundreds of bills that have been filed. Some are the typical bigger issues, such as state retirement. But, there are multiple under the radar proposals that will impact the lives of Texans. Click through the gallery to see a sampling of some of the measures lawmakers will wrestle with in the upcoming session.
Author: State Rep. Ina Minjarez (D-San Antonio)
Author: State Rep. Carol Alvarado (D-Houston)
Author: State Sen. Judith Zaffirini (D-Laredo)
Author: State Sen. Judith Zaffirini (D-Laredo)
Author: State Rep. Drew Springer (R-Muenster)
Author: State Rep. Ryan Guillen (D- Rio Grande City)
Author: State Rep. Howard Dutton Jr. (D-Houston)
Sponsor: Rep. Armando "Mando" Martinez, D-Weslaco
Author: State Pre. Howard Dutton Jr. (D-Houston)
Author: State Rep. Donna Howard (D-Austin)
Author: State Rep. Eddie Lucio III (D-Brownsville)
Author: State Rep. Harold Dutton Jr. (D-Houston)
Author: State Rep. Byron Cook (R-Corsicana)
Author: State Sen. Judith Zaffirini (D-Laredo)
Author: State Sen. Bob Hall (R-Edgewood)
Sponsor: Rep. Ramon Romero Jr., D-Fort Worth
Author: State Rep. Mark Keough (R-The Woodlands)
Authors: State Rep. Phil King (R-Lubbock) and State Sen. Brandon Creighton (R-Conroe)
Sponsor: Rep. J.M. Lozano, R-Kingsville
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would make it a misdemeanor to electronically harass or bully anyone under age 18 through means such as texts and social media.
would officially make powdered alcohol an "alcoholic beverage."
Would repeal the state's ban on homosexual conduct. The ban is unconstitutional and unenforceable after the 2003 U.S. Supreme Court decision invalidating a Texas law against sodomy.
would make leaving an animal unattended in a motor vehicle in life-threatening conditions, like extreme heat, a class A misdemeanor.
would make it a criminal offense to use a wireless communication device when operating a motor vehicle.
The Bowie knife would officially be recognized as the state knife of Texas.
would make it so employees at public and private schools who engage in improper relationships with students, including sexual contact, and sexual intercourse, would be committing an offense.
Would clarify regulations on what drones could take pictures of, mainly restricting the photography to law enforcement and commercial purposes.
would allow Texans to register to vote over the internet.
would add diapers, absorbency undergarments or a guard or pad used for protection against urinary or colonic leakage to list of tax-exempt items.
would prohibit corporal punishment as a method of student discipline.
would limit the cost of tuition at public universities in Texas to less than 85 percent of current costs.
would require health providers to bury or incinerate fetal tissue after an abortion or miscarriage.
would make textbooks for college students at a public, private, or independent university tax-exempt during the beginning of August and January for both full and part-time students.
would make it so any undocumented immigrant who commits a felony will receive increased an elevated punishment. Those who commit first-degree felonies will face life in prison, under this law.
Would allow the Secretary of State to set regulations to allow a voter to apply for a vote-by-mail ballot electronically.
would give local authorities the right to impose a civil penalty for violations recorded by an automated traffic control system or a red light camera.
bar companies and individuals boycotting Israel from obtaining or keeping contracts with the state of Texas. It would also prohibit lawsuits by anyone losing a contract should the law be enacted.
Would allow Texas to join eight other states in passing a resolution calling for a Constitutional Convention.
A proposed constitutional amendment that would bar the lieutenant governor and legislators from receiving salaries or a per diem during certain periods unless a state budget had been passed and certified by the state comptroller.
Would create a special "Back the Blue" license plate. Money raised by the sale of the plate would go to a fund to help the survivors of slain police officers.
In Texas, there really can be too much of what some people see as a good thing.
While every state has odd laws on the books, the Lone Star State has one regulating the possession of a sex toy .
Yes. Texas bans the possession of or promoting the use of more than six dildos .
The law in question appears to be aimed at adult performances, as it spells out use in a "play, motion picture, dance, or other exhibition performed before an audience."
The law also labels the sex toy as an "obscene device" and declares it a crime if someone "possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same." Story continues below
The law, written in 1973 at a time when the U.S. Supreme Court was dealing with obscenity laws and cases from around the country, takes a tough stance on people who have the device.
It does make exceptions for people who have the multiples of the device for medical and law enforcement purposes.
But, there's no exemption for the enthusiastic collector or a group like "Cocks Not Glocks," which staged an anti-campus carry law rally last year. Which means you can legally own more guns than sex toys in the Lone Star State.
No one was prosecuted after the rally for handing out the dildos , and a federal appeals court overturned the statute about a decade ago. But, thus far during the ongoing legislative session in Austin, lawmakers have paid scant attention to taking it off the books.
Which may not be a bad thing, as Texas has bigger problems than people having sex toys.
Scroll through the gallery above to see some of the under the radar issues lawmakers have dealt with during the current legislative session
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