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

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

UPDATED: Arcom Threatens to Block, Delist 2 Adult Sites Over AV Violation

French media regulator Arcom has sent enforcement notices to the operators of two adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

FTC Takes Another Step Toward New 'Click to Cancel' Rule

The Federal Trade Commission (FTC) is negotiating the latest procedural hurdle in its effort to renew rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Show More