Texas law- sex toys... 6 dildos felony (Full Version)

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pahunkboy -> Texas law- sex toys... 6 dildos felony (1/13/2008 12:31:07 PM)

http://www.youtube.com/watch?v=GaUl6x1YXpg




Owner59 -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 1:13:29 PM)

Instead of three strikes-you`re-out,Texas is into 6 dildos and you`re out.




YourhandMyAss -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 1:17:54 PM)

Good thing I am not in texas and probably won't ever be then, cause I think, that each diff dildo I have each gives diffrent sensations, and I plan on having more depending on the style of the toy.




Level -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 1:29:13 PM)

Sadly, idiocy does exist down here.




angelikaJ -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 1:34:34 PM)

http://en.wikipedia.org/wiki/Texas_obscenity_statute

http://www.breitbart.com/article.php?id=D8KGIKEO1&show_article=1

http://www.msnbc.msn.com/id/4314184/

http://writ.news.findlaw.com/grossman/20040127.html

http://www.nasae.org/joanne-webb.htm




EponasChylde -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 1:42:31 PM)

No one really takes that law seriously down here.In fact, the stores can have hundreds of dildos as long they label them as "novelty devices" or, I kid you not, "a cake topper or decoration."  There might be a few rare wacko cops that are crazy enough to care about this, but 99% of them have better things to do. The only real time they would use this is if they were trying to take you down for a BIGGER crime and needed an excuse to search your house (much like how they'll pull someone who is speeding because they suspect there are drugs in the car but can't prove it.) Remember, we have a LOT of weird laws down here (homosexual acitivity is still illegal here.) However, no one really cares. They're way too busy busting pedophiles and druggies to worry over what happens sexually between consenting adults in privacy.

For those interested, here's the actual law:
ยง 43.23. OBSCENITY. (a) A person commits an offense
if, knowing its content and character, he wholesale promotes or
possesses with intent to wholesale promote any obscene material or
obscene device.
(b) Except as provided by Subsection (h), an offense under
Subsection (a) is a state jail felony.
(c) A person commits an offense if, knowing its content and
character, he:
(1) promotes or possesses with intent to promote any
obscene material or obscene device; or
(2) produces, presents, or directs an obscene
performance or participates in a portion thereof that is obscene or
that contributes to its obscenity.
(d) Except as provided by Subsection (h), an offense under
Subsection (c) is a Class A misdemeanor.
(e) A person who promotes or wholesale promotes obscene
material or an obscene device or possesses the same with intent to
promote or wholesale promote it in the course of his business is
presumed to do so with knowledge of its content and character.
(f) A person who possesses six or more obscene devices or
identical or similar obscene articles is presumed to possess them
with intent to promote the same.
(g) It is an affirmative defense to prosecution under this
section that the person who possesses or promotes material or a
device proscribed by this section does so for a bona fide medical,
psychiatric, judicial, legislative, or law enforcement purpose.
*snip* there's a little more after this but it references UMs.




rubberpet -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 1:51:07 PM)

OMG!!!  That was one of the most ridiculous things I've ever heard in my life!  It was funny as hell, too!  It's amazing how prudish and uptight some of these senators and representatives can be, yet they are probably some of the biggest hypocrites out there.  I bet ol' Chisum takes a big fucking dildo in the ass nightly!  Yes, I said it...I said DILDO!!!  I can say it because I'm in Louisiana and saying DILDO ain't illegal in our penal code.  It feels good in the poop chute, though!  LMAO [:D]




sophia37 -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 2:34:34 PM)

Thank you for this post. I very much enjoyed watching the debate. 




vampchick88 -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 3:12:32 PM)

  Damn first you have to register guns, are dildos really next? Hmmmm what happens to a guy who has to go to the pen. for having too many dildos?




Vampirate -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 3:38:46 PM)

Lulz... Are they going to outlaw carrots next?




Lordandmaster -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 3:41:55 PM)

Yes, it's a great idea to have laws designed purely for selective enforcement.  We should do that up here in Pennsylvania!

quote:

ORIGINAL: EponasChylde

No one really takes that law seriously down here.In fact, the stores can have hundreds of dildos as long they label them as "novelty devices" or, I kid you not, "a cake topper or decoration."  There might be a few rare wacko cops that are crazy enough to care about this, but 99% of them have better things to do. The only real time they would use this is if they were trying to take you down for a BIGGER crime and needed an excuse to search your house (much like how they'll pull someone who is speeding because they suspect there are drugs in the car but can't prove it.) Remember, we have a LOT of weird laws down here (homosexual acitivity is still illegal here.) However, no one really cares. They're way too busy busting pedophiles and druggies to worry over what happens sexually between consenting adults in privacy.




EponasChylde -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 3:54:05 PM)

quote:

Yes, it's a great idea to have laws designed purely for selective enforcement.  We should do that up here in Pennsylvania!


Many laws are selectively enforced. If there's no victim involved, usually an officer has discretion to choose whether or not to arrest (except for violent offenses, sex crimes, etc.) In regards to "victimless crimes", it's usually officer descretion. For example, an officer doesn't HAVE to arrrest a guy for walking down the street intoxicated. He can, if he feels it's prudent in that situation, but he doesn't HAVE to.

It's called the letter of the law vs the spirit of the law. The idea behind this dildo law was to be able to bust "shady" sex shops that were also running prositution, gambling, and drugs through their establishment. In other words, to shut down places that were causing crime in the neighborhood. The letter of the law may say "anyone with 6 dildos" but it was never intended to bust private individuals or even clean, legit sex shops.

The fact is that there are 5 gazillion laws on the books and you have to prioritize your time as an officer.. Like I said, being homosexual is illegal here too, but who has time to go looking around for gay people? Which would you rather the cops do? Go arrest people for having consensual gay sex in private or go solve murder cases and bust narcotic rings? It's a manpower issue..You simply don't have the time or energy to enforce every law on the books.





BruisedHick -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 4:02:48 PM)

But if they did have enough manpower, would they?

Do we really want this on the books in case they ever want to revive it?

Yours,


benji




EponasChylde -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 4:10:49 PM)

quote:

But if they did have enough manpower, would they?

Do we really want this on the books in case they ever want to revive it?

Yours,


benji


Ultimately, that's a moot question since there will never be enough man power to even get all the murderers and rapists off the streets, let along the druggies, thieves, etc.

However, for the sake of discussion, no I don't think they would even if they had the time. Cops don't make the laws...legislators do. I think most cops would rather that stupid laws like this be taken off the books completely. The ONLY purpose they serve is being used as probable cause to search for a more serious crime.

 As long as cops are legally allowed discretion about these matters, I don't think they'll bother arresting people for them. Cops are human too and most of them don't care about a victimless crime. Most cops are out to make the world a better place. That's what draws them to the field. How is arresting a woman for having 7 dildos in her closet going to help make the world better and safer? It isn't.

The books are full of stupid laws the cops don't care about. Like "driving without a front license plate." Who cares? If you get pulled over for this, it's because the cop wants an excuse to check you for warrants. He doesn't really CARE that your license plate is missing. What he CARES about is finding drug dealers and car thieves. So if he has ANY reason to suspect you're a criminal, he'll pull you over for a minor infraction and run you for warrants to see if you are a person who shouldn't be out there loose on the streets. If you aren't a criminal, and you have no warrants, and your attitude is good, he'll give you a warning and send you on your way. It's like fishing...You have to throw your line out a lot of times...but it's worth it when you catch "the big one."




Lordandmaster -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 4:57:29 PM)

I'm talking about this from a judicial standpoint, not one of law enforcement.  Yes, of course I agree that most cops can't be bothered with dildo laws.  My point is that if a law cannot be enforced fairly, it shouldn't be on the books in the first place.  And if the intent of the law was to do anything other than what the law says, it was a poorly formulated law.  I am not yet so cynical as to believe that the letter of the law is immaterial.

quote:

ORIGINAL: EponasChylde

quote:

Yes, it's a great idea to have laws designed purely for selective enforcement.  We should do that up here in Pennsylvania!


Many laws are selectively enforced. If there's no victim involved, usually an officer has discretion to choose whether or not to arrest (except for violent offenses, sex crimes, etc.) In regards to "victimless crimes", it's usually officer descretion. For example, an officer doesn't HAVE to arrrest a guy for walking down the street intoxicated. He can, if he feels it's prudent in that situation, but he doesn't HAVE to.

It's called the letter of the law vs the spirit of the law. The idea behind this dildo law was to be able to bust "shady" sex shops that were also running prositution, gambling, and drugs through their establishment. In other words, to shut down places that were causing crime in the neighborhood. The letter of the law may say "anyone with 6 dildos" but it was never intended to bust private individuals or even clean, legit sex shops.

The fact is that there are 5 gazillion laws on the books and you have to prioritize your time as an officer.. Like I said, being homosexual is illegal here too, but who has time to go looking around for gay people? Which would you rather the cops do? Go arrest people for having consensual gay sex in private or go solve murder cases and bust narcotic rings? It's a manpower issue..You simply don't have the time or energy to enforce every law on the books.




winwin -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 8:21:37 PM)

Thanks for showcasing this utube clip.  It's hilarious; I'd never seen it before.  I sure miss Molly Ivins.

winwin




DollFaceMania -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 8:28:57 PM)

and that is exactly why i am leaving texas ASAP!




Muttling -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 9:01:30 PM)

It was enforced at least once in 2004.

http://www.cnn.com/2004/LAW/02/11/obscenity.trial.reut/




moonvine -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 9:24:54 PM)

quote:

ORIGINAL: EponasChylde

Ultimately, that's a moot question since there will never be enough man power to even get all the murderers and rapists off the streets, let along the druggies, thieves, etc.

However, for the sake of discussion, no I don't think they would even if they had the time. Cops don't make the laws...legislators do. I think most cops would rather that stupid laws like this be taken off the books completely. The ONLY purpose they serve is being used as probable cause to search for a more serious crime.

As long as cops are legally allowed discretion about these matters, I don't think they'll bother arresting people for them. Cops are human too and most of them don't care about a victimless crime. Most cops are out to make the world a better place. That's what draws them to the field. How is arresting a woman for having 7 dildos in her closet going to help make the world better and safer? It isn't.



I was just arrested in Texas last month for rescuing cats, so I would disagree with your assertion.

I don't recommend being arrested in Texas.  The U.S. Constitution doesn't apply here.

I also don't approve of laws made up to assist in getting probable cause for another crime.  They either have probable cause or they don't.  If they don't have probable cause, they need to actually go out and get it.

One attorney I talked to told me cops are trained how to lie in such a manner that a warrant won't get thrown out.  This state is crazy.  And not in a good way.




CuriousLord -> RE: Texas law- sex toys... 6 dildos felony (1/13/2008 9:41:49 PM)

That.. was.. priceless..

Oh my.  One hell of an idiot presenting the anti-sodomy bit.




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