The Texas obscenity statute was a law that made it illegal to sell sex toys in Texas. The law was introduced in 1973, updated in 2003, but a U.S. District Judge ruled it was “facially unconstitutional and unenforceable” in 2008.
How many sex toys can you own in Texas
It’s against the law to possess six ore more sex toys. So technically you can own 5 sex toys in Texas.
In Texas, according to Section 43.23 of the Texas Penal Code, it is considered a misdemeanor to own or operate a sex toy. In the Penal Code.
The law states:
“OBSCENITY. (a) 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.
(f) A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.”
Prosecution
It is rare for someone to be prosecuted for the crime of sex toy possession in Texas. However, there have been three reported cases, according to Wikipedia.
In 2001, Mary and Ted Roberts used the obscenity statute to extort money from men who had affairs with Mary.
In 2004, Joanne Webb was arrested for selling a vibrator to undercover police officers, but was later acquitted.
In 2007, a lingerie shop in Lubbock was raided and the clerk was arrested, but charges were later dropped.
As you can see the Texas law is not frequently enforced in supreme court or federal court and most charges were later dropped.
The sale of sex toys is also illegal in the state of Texas.
The regulation of sex toys in Texas has been met with criticism from some who argue that the law is a form of government overreach. Others argue that the law is necessary in order to protect public morals.
Sex Toys Gun Texas University
To protest a new state law that makes the carrying of concealed handguns legal in college classrooms, students at the University of Texas on Wednesday openly displayed sex toys, an act considered illegal under local indecency laws.
“We are fighting absurdity with absurdity,” said Jessica Jin, leader of the protest called “Cocks Not Glocks: Campus (Dildo) Carry,” where hundreds of sex toys were given away at the rally on Wednesday that coincided with a return to classes at university’s flagship campus.
“Texas has decided it is not all obnoxious or illegal to allow deadly concealed weapons on campus. But walking around with a dildo could land you in trouble,” Jin said.
there is no limit to the number of guns you can own in texas but there IS a limit to the number of dildos you can own (5)
— nicole tersigni (@nicsigni) May 26, 2022
it is illegal to own more than six dildos in texas but not guns….
— king nerd virgin (@FILTHYWH0RES) May 27, 2022
In the state of Texas Its illegal to own more than 6 dildos, Guns have no such regulation.
— DJ Heidi Lawden (@DJHeidiLawden) May 26, 2022
Ted Cruz Texas Campaign
Ted Cruz helped defend a Texas ban on sex toys in 2007 because he believed that it was constitutional.
The ban was overturned by the Supreme Court, but Cruz still believes that it was a good law. He has said that sex toys are “a public health hazard” and that they “encourage promiscuous behavior.”
Anti-Obscenity Enforcement Act
What is Anti-Obscenity Enforcement Act
The Anti-Obscenity Enforcement Act of 1998 is an Alabama statute that criminalizes the sale of sex toys. The law has been the subject of extensive litigation and has generated considerable national controversy. (source)
What is anti obscenity law?
Federal law makes it illegal to distribute, transport, sell, ship, mail, produce with intent to distribute or sell, or engage in a business of selling or transferring obscene matter. Convicted offenders face fines and imprisonment. (source)
