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 © 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

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

FSC Launches Age Verification Toolkit for Adult Websites

The Free Speech Coalition (FSC) announced today that it has launched a comprehensive toolkit to help adult websites navigate age verification laws.

Trump Administration Issues Executive Order Against 'Debanking'

The White House on Thursday issued an executive order limiting financial institutions’ ability to restrict access to financial services for people or groups involved in lawful industries, a longtime goal of adult industry advocates and stakeholders.

Florida AG Sues EU-Based Adult Companies for Failing to Age-Verify Users

Florida Attorney General James Uthmeier filed a lawsuit Monday with the 12th Judicial Circuit Court of Florida against five EU-based adult companies for allegedly failing to require age verification before allowing access to adult content.

Arcom Warns 5 Adult Sites Over Age Verification

French media regulator Arcom has sent enforcement notices to the operators of five 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.

FSC: Identity Theft Targeting Adult Performers

The Free Speech Coalition has issued an alert warning of an individual found to be targeting adult performers for identity theft.

European Commission to Assess Pornhub, XVideos, XNXX Compliance With Digital Services Act

The European Commission plans to conduct a study to determine how well adult sites Pornhub, XVideos and XNXX are addressing illegal content and other potential harms under the EU’s Digital Services Act.

German Higher Court Upholds Ban on PornHub, YouPorn

The Higher Administrative Court of Rhineland-Palatinate on Thursday upheld a “network ban” on Aylo-owned adult sites Pornhub and YouPorn for failing to comply with German age verification regulations.

Alabama Notifying Adult Sites of New Tax Set to Take Effect Sept. 1

The Alabama Department of Revenue has begun sending notices to adult site operators about a new 10% tax on their revenues, set to be enforced starting Sept. 1.

Show More