Adult Store Clerk Not Guilty in Sex Toy Case

HOUSTON — An adult retail store clerk arrested during a June raid and accused of illegally selling adult toys was found not guilty of the charges Wednesday.

Officers of the Houston Police Department raided the Adult Video Megaplex Houston on June 9, confiscated a number of items, arrested sales clerk Jose Escalante and charged him with obscenity.

Prosecutors said Escalante was in possession of adult toys with the intent to promote and sell them. According to Texas law, it is illegal to sell an item designed exclusively for use in sexual acts. Anyone caught in possession of six or more such items is considered a distributor and open to prosecution.

If convicted, Escalante could have faced a year in prison and a $4,000 fine.

Escalante's attorney, Richard Kuniansky, argued that dozens of stores across the city sell similar products to the ones confiscated from Adult Video Megaplex and that Escalante should not have been singled out.

Kuniansky also argued that obscenity is a subjective matter. Many of the items sold at the store are advertised as massagers and cannot be assumed to be intended for purely sexual purposes, he said.

“These devices are for sale all over town, at passion parties, and some of the establishments do put on the devices that it is intended for novelty only,” Kuniansky said.

Since Escalante was merely a clerk and not a manager of the store, Kuniansky added, he should not have been held accountable for the store’s inventory.

“He's simply a clerk at the store, and the vice squad went in and arrested a clerk for possession with intent to distribute obscene devices. It's absurd,” Kuniansky said.

The jury agreed and found Escalante not guilty. No additional charges have been filed against the store or its employees.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Full Circle Debuts 'Royal Honeys' Love Torso Line

Full Circle has introduced its Royal Honeys collection of love torsos.

Orion Debuts 'Dual Vibrator' From Sweet Smile Line

Orion Wholesale has introduced the Dual Vibrator from its Sweet Smile line.

Creative Conceptions Debuts 'Sei Mio 2.0' Line

Creative Conceptions has introduced the new Sei Mio 2.0 line of pleasure products.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Indiana Sues Aylo Over AV, Calls IP Address Blocking 'Insufficient'

Indiana Attorney General Todd Rokita has filed a lawsuit against Aylo, alleging that the company and its affiliates have violated both Indiana’s age verification law and the state’s Deceptive Consumer Sales Act.

House Committee Amends, Advances Federal AV Bill

A U.S. House of Representatives subcommittee voted Thursday to amend the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law, and to advance the bill for review by the full Committee on Energy and Commerce.

Icon Debuts New 'Expandor' Dildo From Its 'AlienNation' Line

Icon Brands has introduced the inflatable Expandor dildo from its AlienNation collection.

FSC Announces Board of Directors Election Results

The Free Speech Coalition (FSC) has announced the results of its 2026/2027 Board of Directors election.

Orion Debuts 'Vibrating Anal Beads' From 'Anos' Line

Orion Wholesale has introduced the Flexible Anal Beads with Jumping Vibrations from its Anos line.

Liberator Names Lindsay Hargis Manager of Affiliate, Influencer and Strategic Partnerships

Liberator has appointed Lindsay Hargis as its new manager of affiliate, influencer and strategic partnerships.

Show More