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Legal Questions - 8/8/2008 5:42:46 PM   
Naira


Posts: 15
Joined: 8/5/2008
Status: offline 		I'm wondering if anyone has found that play, toys, etc are actively illegal in their area. Or, if you have had a visit from the local police due to a lack of volume control.

I have heard that in some places, sex toys and porn are illegal, which would also seem to make a lot of play very difficult to carry out. Anyone ever had a run in with the law?

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RE: Legal Questions - 8/8/2008 5:52:30 PM   
NumberSix


Posts: 1378
Joined: 12/30/2006
Status: offline 		Toys?  Illegal for what?  I collect them. Not usually gonna cause you any concern.

Now, if you got a boy laying face down on your bed with a couple of quarts of whiskey in his ass, and a ponytail buttplug hanging out of it to stem the gush, and you tied him up with wal-mart parcel string, and he is deader than a nail in julius caesars coffin, I should think that a youg turk in the prosecutors office, trying to make a name for hisself might try and enter your wedding plate into evidence.

Wrongly so, but; such is life, Ja?

Or wasn't that what you were asking?

6  


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RE: Legal Questions - 8/8/2008 5:55:34 PM   
DiurnalVampire


Posts: 8125
Joined: 1/19/2006
From: Nashville, TN
Status: offline 		Most sadistic and masochistic play is technically illegal. Its considered assault even if the reciever says it is consentual.
I know a few people who were questioned about abuse and domestic violence. No serious trouble, but definately hassle.
Toys and porn, I have never herd of that being illegal.

DV


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Profile   Post #: 3
RE: Legal Questions - 8/8/2008 6:14:34 PM   
silkncarol


Posts: 318
Status: offline 		If you're really concerned you might locate a Kink friendly professional in your area who could advise you on the legalities of certain toys......the only ones i would think might be a problem would be some of the knives. 

Occasionally we'll have a Lifestyle friendly attorney come in and have a discussion on the Law and the Lifestyle....everything from custody problems, divorce, protecting your slaves, what to do incase of a bust or raid at a club, private party, etc... very interesting stuff to know...... Perahps it's something your local community could offer? 

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Profile   Post #: 4
RE: Legal Questions - 8/8/2008 6:18:18 PM   
Alumbrado


Posts: 5560
Status: offline 		A couple of southern states have laws on the books about dildo type sex toys. The US Supreme court ruled years ago that the government has no business in the bedrooms of consenting adults, so much of the 'sky is falling' claims about sodomy, or a simple consensual bedroom adult flogging, and so forth being illegal is simply hysteria.
People consent to being assaulted all the time.. its called football... theater... SCA... religious flagellation... martial arts... and BDSM.

As noted above, if some DA wants to show a 'get tough' on morality facade just about election time, it would probably be wise to keep a low profile, since people have been arrested and harrassed before for breaking no law.

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RE: Legal Questions - 8/8/2008 6:21:50 PM   
CallaFirestormBW


Posts: 3651
Joined: 6/29/2008
Status: offline 		It's only been about a year that dildos have been legal in Texas. Not that that stopped any of us -- you just couldn't buy them locally, and if you got caught, it got added to the misdemeanors. Now, it's a null issue. As a matter of fact, sodomy went down in a court case here right before the dildo issue went up in flames.

CFB

< Message edited by CallaFirestormBW -- 8/8/2008 6:23:11 PM >

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RE: Legal Questions - 8/8/2008 6:27:45 PM   
smilingjaguar


Posts: 271
Status: offline 		From doing some looking around the internet, the laws banning sale of sex toys in Texas and Mississippi were struck down.  Alabama seems to be the only state where the sale of sex toys is illegal, or was as of early 2008.

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Profile   Post #: 7
RE: Legal Questions - 8/8/2008 6:39:11 PM   
mbes


Posts: 465
Joined: 12/14/2006
Status: offline 		Yes, it's illegal to buy them in Alabama, unless you sign a form stating they are for educational or medicinal purposes (I think those are the only two exceptions). You can own them, just not buy them.
And no, I don't care.

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Profile   Post #: 8
RE: Legal Questions - 8/8/2008 6:51:36 PM   
nejisty


Posts: 59
Joined: 7/11/2006
Status: offline 		oh I like that...medicinal purposes....a new way for adults to take liquid medicine maybe???  Dip it in and suck it off.....I wonder if it will leave that funny aftertaste still?  Also brings to mind roleplay Dr/nurse/patient.   nejisty

(in reply to mbes)
Profile   Post #: 9
RE: Legal Questions - 8/8/2008 6:57:29 PM   
MsJssk


Posts: 67
Joined: 3/28/2008
From: Austin, Texas
Status: offline
quote:

ORIGINAL: CallaFirestormBW

It's only been about a year that dildos have been legal in Texas. Not that that stopped any of us -- you just couldn't buy them locally, and if you got caught, it got added to the misdemeanors. Now, it's a null issue. As a matter of fact, sodomy went down in a court case here right before the dildo issue went up in flames.

CFB


I'm not sure what part of Texas your from but I have bought dildos and many other adult toys in Austin, San Antonio,  Houston, and I think Corpus Christi. I've been able to buy them my entire adult life. Oh and I bought a dildo at a house party in Dallas once almost 10 years ago. Until only a few months ago it was illegal to own more than 4 phalic devices in texas unless you had them for educational purposes. The idea was that it is fine to have them, but to own more than 4 implied that you planned to spread your deviance. Interstingly enough, it was only a few years ago that the number was six and they dropped it to four. But, to our great relieve, the law was overturned all together a few months ago. We celebrated in appropriate fashion. I think that one of the big online toy stores even had a sale in honor of Texas's liberation. Anyhow, before the law was overturned a few months ago, the deal was that sex stores could have them on the shelves and sell them all they wanted. As long as you were 18 years old you could buy them all you wanted. Of course, the boxes always said for novelty use only. As long as they were novelty use only, it was okay to buy and sell, just not to own. Go figure. I only know of one case of an attempt to enforce the law and it's hearsay about two parties removed. My boss said she had a friend at her church who did those tuperware type sales things. The preacher got wind of it and didn't like it so he contacted some police who interviened. I do not know the extend of the intervention. The boss said that the sticky part was that the saleslady was neglecting to call them novelty items and during her sales parties she called them vibrators and sold them for the purpose of, well... fucking.

I heard once that the reason for the cutsey animal shaped vibrators is to get around the phalic device laws. I don't know if that's true or not, but that's what I heard.

And that is the Texas story as I know it.

MsJ
proud Texas owner of a drawer full of phalic devices that are novelty items only

(in reply to CallaFirestormBW)
Profile   Post #: 10
RE: Legal Questions - 8/8/2008 7:11:49 PM   
LadyPact


Posts: 32566
Status: offline 		Where I live, which is a decent sized place, you literally can not buy a sex toy in this town.  There is currently a legal battle between the city and the only 'adult' store that has tried to remain in business.  In fact, I have never been able to buy a thing there since I moved here almost four years ago due to the fact that the legal case has kept the doors closed.

As to the other question, yes, I have had the cops show up during a small impromptu flogging demo in, of all places, Auburn Alabama.  It was called in as a disturbance of the peace.  No real issue with it.  We simply moved 30 people from one location to another.


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Profile   Post #: 11
RE: Legal Questions - 8/8/2008 7:15:56 PM   
Asmodeus


Posts: 81
Joined: 1/1/2004
Status: offline 		AFAIK, there is nowhere in the US that consensual battery is a defense to an assault charge. No clue if this is true anywhere else in the world.

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Profile   Post #: 12
RE: Legal Questions - 8/8/2008 7:16:29 PM   
MsJssk


Posts: 67
Joined: 3/28/2008
From: Austin, Texas
Status: offline
quote:

ORIGINAL: LadyPact

Where I live, which is a decent sized place, you literally can not buy a sex toy in this town.  There is currently a legal battle between the city and the only 'adult' store that has tried to remain in business.  In fact, I have never been able to buy a thing there since I moved here almost four years ago due to the fact that the legal case has kept the doors closed.

As to the other question, yes, I have had the cops show up during a small impromptu flogging demo in, of all places, Auburn Alabama.  It was called in as a disturbance of the peace.  No real issue with it.  We simply moved 30 people from one location to another.



Is it because there's a law against having adult toys or because there is a law against having an adult buisness within X amount of miles of any residence, schoool, church, park.....?

MsJ

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Profile   Post #: 13
RE: Legal Questions - 8/8/2008 7:16:51 PM   
nejisty


Posts: 59
Joined: 7/11/2006
Status: offline 		I did try find laws pertaining to toys in MN.....almost went blind trying to figure it out.   But I did find this......
http://www.lectlaw.com/files/fun23.htm


(in reply to Naira)
Profile   Post #: 14
RE: Legal Questions - 8/8/2008 7:22:44 PM   
NumberSix


Posts: 1378
Joined: 12/30/2006
Status: offline 		In MN I am the law.

Otherwise here, you wanna look in westlaw.

Judge Miles Lord

_____________________________

"Who are you?"
"The new Number Two."
"Who is Number One?"
"You are Number Six.".
"I am not a number — I am a free man!"

Be seeing you...

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Profile   Post #: 15
RE: Legal Questions - 8/8/2008 7:24:57 PM   
Alumbrado


Posts: 5560
Status: offline 		Westlaw only applies on Westworld...  

(in reply to NumberSix)
Profile   Post #: 16
RE: Legal Questions - 8/8/2008 7:36:31 PM   
NumberSix


Posts: 1378
Joined: 12/30/2006
Status: offline 		Al, did you blow a headpipe and off Marcus Welbys assistant?

Westlaw is made in MN, and lawyers are lazy and if it don't show up on them CD's nobody cares who is leading some ass on a leash in LA.  Gonna get lost in translation.

LOL.

AL!!!!!!!!!!!! way to be there, way to loosen up!!!!!!!!!

Oliver Wendell Holmes, esq. 

_____________________________

"Who are you?"
"The new Number Two."
"Who is Number One?"
"You are Number Six.".
"I am not a number — I am a free man!"

Be seeing you...

(in reply to Alumbrado)
Profile   Post #: 17
RE: Legal Questions - 8/8/2008 7:54:57 PM   
Alumbrado


Posts: 5560
Status: offline 		Actually Westlaw is subsidiary of a British/Canadian conglomerate of Reuters and Thompson.

(in reply to NumberSix)
Profile   Post #: 18
RE: Legal Questions - 8/8/2008 8:04:38 PM   
NumberSix


Posts: 1378
Joined: 12/30/2006
Status: offline
quote:

ORIGINAL: Alumbrado

Actually Westlaw is subsidiary of a British/Canadian conglomerate of Reuters and Thompson.


And ravens will peck you to death. That is what happens when the currency drops, Canucks will rule us with their law:
 
I regret that I have but one life to give for my country.  -- Nathan Hale
 
 

_____________________________

"Who are you?"
"The new Number Two."
"Who is Number One?"
"You are Number Six.".
"I am not a number — I am a free man!"

Be seeing you...

(in reply to Alumbrado)
Profile   Post #: 19
RE: Legal Questions - 8/8/2008 8:19:05 PM   
MsCfromMelbourne


Posts: 777
Joined: 2/15/2007
Status: offline 		Wide question!

It depends on the jurisdiction, the toys in question and the nature of the activity done with the toys.

For example we have very strict gun controls in Australia.  No gun play over here I am afraid.  That will get you locked up. 

We also have some odd laws about handcuffs and carrying knives, but it varies state to state.

Its perfectly legal to buy whips, rope etc - but it is not legal to cause bodily harm or death, even if the person gave fully informed consent.  I believe that it true in all common law juridictions (ie UK, Australia, NZ, Malaysia, Canada? etc)

As for raids on parties.  Prostitution is legal in my State, but it costs a lot of money to get licensed.  Therefore the legal dungeons are always trying to stop illegal (unlicensed) competition.  One BDSM venue was raided because it allegedly allowed pro-dommes to use the space without being a legal brothel.

The police often pop their heads into BDSM clubs for a quick look around.  They are mostly curious.  We don't mind.  It makes me feel safe.  What we are doing is legal as long as there's no bodily harm or cash exchanged for sexual stimulation.

Edited to add - sex toys?  We are awash in sex toys!  We even have a annual travelling sex toy convention called Sexpo that 10,000s of people attend in each capital city to see the latest and greatest in dolls, costumes, vibrators, BDSM toys etc etc http://www.sexpo.com.au/

Australia is a very sexually liberated country.  Which takes the fun out of it, frankly

< Message edited by MsCfromMelbourne -- 8/8/2008 8:28:17 PM >

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