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 © 2026 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

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Brazil Lays Out Preliminary Guidelines for New AV Requirements

President Luiz Inácio Lula da Silva on Wednesday signed a decree establishing guidelines for new regulations requiring adult websites to age-verify users located in Brazil.

Senate Committee Debates Section 230 Reform

The U.S. Senate Committee on Commerce, Science, and Transportation held a hearing Wednesday on potential changes to Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

Aylo Rebuts Indiana AV Suit Claims Over VPN Access

Aylo this week asked a Marion Superior Court judge to dismiss Indiana’s lawsuit alleging that the company violated the state’s age verification law by failing to prevent access by users who employ VPNs and similar means to avoid geolocation.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Show More