Texas Saleswoman Faces Trial for Selling Sex Toys

[WriterDom]

http://story.news.yahoo.com/news?tm...&e=1&u=/nm/20040211/lf_nm/life_obscenity_dc_1

This is just fucked up.

 

[dragonlace]

I agree, thats just so fucked up.

 

[catalina_francisco]

I have been watching this story since it broke the end of last year and I just cannot believe it can still happen in the 21st century. I admire her determination to use this situation to try and bring about changes despite personal cost to her life.

Catalina

 

[navarre]

That's them Texans for ya.

 

[niteshade]

Hey! Don't lump us all in there... I just wonder right on down to the local megaplex and buy whatever I darn well please whenever I darn well please. I will say that I live in San Antonio, so it is less likely that a law like that would be enforced in this manner here. I also think it is rotten, and you may be sure I intend to write a few letters.

 

[catalina_francisco]

To bizarre to be true can hardly believe it.

Francisco.

 

[Ziggy*stardust]

This is just plain amazing - and we didn't think it was possible that this could happen in 2004... Stunning, but not in the good way


*Ziggy and stardust*

 

[landcruisergal]

Gee I will have to look at the local laws here now, they are advertising for party planners for a "adult " chain here in WA and a friend and I were thinking of doing it part time. Have to do a bit of more homework now.....

 

[NCShin]

While I wish this shocked me it doesn't.

I think the same people are complaining about this as complained about Janet's breast on TV for about a second.

If she was selling drugs it would have taken 5 years to get enough evidence to bring her to trial. Sad if you ask me that the state would waste it's time on such a thing.

 

[Quint]

She sounds like someone I'd really get along with. Smart lady--just lived in the wrong part of the world. I'm glad she's not going quietly; this is definitely a law that needs repealing and her point about condoms was a good one. I actually wasn't aware of the whole "must be marketed as a novelty" clause. Is that why most of the products I see on fetishauctioneer.com include that phrase? Is this a pretty nationwide law?

 

[catalina_francisco]

Gee I will have to look at the local laws here now, they are advertising for party planners for a "adult " chain here in WA and a friend and I were thinking of doing it part time. Have to do a bit of more homework now.....

Has been operating in Queensland for years now and if the hostess sells a certain amount a male stripper comes in to give a private show for the ladies.

Catalina

 

[DevilBoy79]

it is i must agree, we have parties like that here in NYS like a tupperware party used to be, they sell normal little things here and there and then the toys, penis pasta etc, its fun, yes i am a guy and i been to one big deal i had to help unload the chicks car of all the bin containers

 

[FungiUg]

Bleedin' heck! I knew Texas was a third world country...

The thing I find interesting is the pastor who counselled couples who had bought sex toys, and blamed the sex toys for causing problems with their marriage.

How?

"My wife is enjoying sex. It's just not right. Not Christian."

F'r fucks sake! I studied Christianity rather intensively, and I don't remember a word about not being allowed to enjoy sex with your spouse.

Sounds to me like an effort, once again, to control people through feelings of guilt about sex.

 

[WriterDom]

(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.


I'd be in trouble. But I didn't see where floggers and such are obscene devices. Maybe they fall under obscene articles. Looks like you could get busted for writing and possessing a bdsm story.




SUBCHAPTER B. OBSCENITY



§ 43.21. Definitions



(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, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or



(ii) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and



(C) taken as a whole, lacks serious literary, artistic, political, and scientific value.



(2) "Material" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three dimensional obscene device.



(3) "Performance" means a play, motion picture, dance, or other exhibition performed before an audience.



(4) "Patently offensive" means so offensive on its face as to affront current community standards of decency.



(5) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.



(6) "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.



(7) "Obscene device" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.



(b) If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.



Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 372, ch. 163, § 1, eff. Sept. 1, 1975; Acts 1979, 66th Leg., p. 1974, ch. 778, § 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.



§ 43.22. Obscene Display or Distribution



(a) A person commits an offense if he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.



(b) An offense under this section is a Class C misdemeanor.



Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.



§ 43.23. 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.



(b) An offense under Subsection (a) is a state jail felony.



(c) A person commits an offense if, knowing its content and character, he:



(1) promotes or possesses with intent to promote any obscene material or obscene device; or



(2) produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.



(d) An offense under Subsection (c) is a Class A misdemeanor.



(e) A person who promotes or wholesale promotes obscene material or an obscene device or possesses the same with intent to promote or wholesale promote it in the course of his business is presumed to do so with knowledge of its content and character.



(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.



(g) It is an affirmative defense to prosecution under this section that the person who possesses or promotes material or a device proscribed by this section does so for a bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose.



Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 1975, ch. 778, § 2, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

 

[lapinova]

i always wondered why there were so many sex shops in Niagara Falls.
Damn, i love living in Ontario. Sex shops are legal (except the new city bilaw stating you must have 5 "regular" movies for every sex film is kind of stupid) and we can swear and show full frontal nudity on TV after 9pm.

 

[SexyChele]

It really sounds like the few who had issues with this woman selling these items are badly in need of said items!

I wonder how sex shops throughout Texas get away with selling the same items that are marketed throughout the rest of the US? I know that a friend of mine lives in San Antonio and he has quite a few adult stores he frequents selling all manner of sex toys. And I know that Houston has somewhat of a reputation for its sale of sex items as well.

I guess if it is a business operated in a building in a seedy part of town it's okay? As opposed to an ordinary woman/wife/mother who goes to church and wants to earn a little income on the side while allowing women a place to gather, laugh, have fun, and perhaps spice up their sex lives?

Interesting to note in the article that this particular company has experienced high sales in California, New York, and in the Bible Belt! I mean, what does that say!?!?

 

[lapinova]

my mother tried to raise me baptist, but i rebelled. i could not believe any real or loving god would give us a source of getting closer to each other, a source of pleasure... and then want us to not use it.

i recall my mother telling us about a local boy, who was the son of a parishioner, who had just told his parents he was gay. She actually asked us to "pray to God to help him become normal again". i refused, and my mom was furious- i stopped going not long after, because i couldn't take it any more. i felt no-one had the right to tell him, or a other legal adult, how to live his life or how to enjoy his sex life.

i think, more than anything, this is a control issue. Many churches have tried for a long time to control anything they can in order to keep people coming back, attempting to assauge their false guilt. Myself, i look at it this way- God gave me those body parts, and i intend to use 'em. it's my responsibility to take good care of them, but i should use them.

My younger sister bought her 1st vibe when she was 18. When she told me about it, i was a little surprised, but her comment to me then made perfect sense.

"Well, i need it. It's either that or be less picky about who i sleep with."

Thank God (no pun intended) that she had the sense to know she was right.

 

[FungiUg]

The stupid thing is... according to christian scripture, enjoying sex is okay! In fact, they encourage it! Okay, sleeping around is not (although with some of the old testament references, you could argue that point as well), but there's nothing that even hints that you shouldn't enjoy sex as a married couple.

I have issues about christianity and the gay thing as well. I'm not gay myself, but I have many friends who are gay or bi. One of the reasons I like the Anglicans (anglo-catholic) is that they acknowledge sex, including homosexuality.

Anyway, once again it's no surprise that the religion people follow isn't about scripture or spirituality, but about control and guilt. Sheesh. At least we acknowledge our need to control or be controlled, rather than trying to do it underhandedly though something called "morality"!

 

[Merelan]

(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.


I'd be in trouble. But I didn't see where floggers and such are obscene devices. Maybe they fall under obscene articles. Looks like you could get busted for writing and possessing a bdsm story.



Writerdom, Sir...

Pardon me, but you sound like you want to be considered obscene.

When we all know your a sweet lamb just hiding in wolf's clothing.

wink