Sex Shop Worker Avoids Obscenity Sentence

EL PASO, Texas – A sex shop owner avoided an obscenity sentence this week when Judge Alma Trejo ruled that a state ban on sex toys is unconstitutional and granted the defense's motion to dismiss the case.

Sergio Acosta was arrested in September 2003 and charged with obscenity for selling sex devices at his adult bookstore, Tres Equis, in El Paso, Texas. Acosta was arrested after selling a sex toy to a female undercover police officer.

The charges were based on a much-criticized statewide ban on the sale and display of adult sex toys, including dildos and other sex devices used to stimulate the human genitals. Although it is not illegal to use a sex toy in the privacy of one's home, the law states.

"The principal argument is that sexual privacy is part of the liberty of the due process clause of the 14th Amendment," Acosta's attorney, Roger Jon Diamond, argued. "In other words, there are certain things you can do in private that the government has no right to impose on."

The sex-toy ban, which was drafted in 1979 as part of Texas' obscenity law and then upheld in 1985 by the Texas Criminal Court of Appeals, carries a maximum penalty of one year in jail and a $4,000 fine.

A similar case is currently being heard in Fort Worth, Texas, although there have been some language discrepancies over an adult sex toy being sold as a sexual aid or as a "novelty."

Alabama and Georgia also have statewide statutes on sex devices.

The judge's ruling could still be challenged by the El Paso District Attorney's office.

"We are going to appeal it because the statute is in the books," Marcos Lizarraga, first assistant district attorney, told reporters. "It is illegal to sell or purchase them."

Copyright © 2024 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

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Show More