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Are Dildos Illegal in Texas (again)?

Texas has some stupid laws. Unfortunately Texas also has legislators who lack the courage or wisdom to repeal stupid laws. Instead, Texans must rely on federal courts, or even the Supreme Court to declare our stupid laws unconstitutional.

One such stupid law bans the “promotion” (sale) of dildos.

§ 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.

An obscene device is a dildo, vibrator etc. Of all the things to waste law enforcement resources on, dildo prohibition is probably the most useless (marijuana would be a close second).

This brings us to a recent decision by the 13th District Court of Appeals in Corpus Christi-

Villareal vs. State
Facts (from the court’s opinion)-

On June 25, 2004, Corpus Christi Police Officer Adrian Dominguez was working undercover when he visited a business, called Friends 4 Ever, to determine if it was selling obscene materials or devices. Dominguez was aware that law enforcement agents had previously informed the business owner that the business needed to cease selling certain items that were considered obscene under state law. Appellant was at the business working as a cashier and sales clerk. During the visit, Dominguez purchased a vibrator from appellant; the vibrator was called “Lick it Lover” and resembled the male sexual organ. A few hours after Dominguez’s purchase, police officers arrived at the business, where they executed a search warrant and placed appellant under arrest.

You would think that a city with twice the national average for property crime, and 21 murders annually could find a better use of their undercover police. But I digress. A jury found Villareal guilty, and the judge sentenced her to 6 months in county jail!

Wait a minute, wasn’t that law declared unconstitutional?

That’s right. The federal 5th Circuit Court of Appeals issued an injunction in February declaring 43.23 unconstitutional. However, the Court of Appeals in Corpus Christi held that a federal court injunction is not binding on State courts. That is, until our state’s highest criminal court, the Court of Criminal Appeals, rules that 43.23 is unconstituional, the conviction still stands.

Now, it’s clear that the judges in Corpus recognize how untenable their position is. In their own words.

This Court thus remains duty-bound, for better or worse, to follow the rulings of the court of criminal appeals, which has held–in contrast to the Fifth Circuit–that section 43.23 does not violate the due process clause of the Fourteenth Amendment.

So, for now, the promotion of dildos is illegal in Texas, again.

Posted in: Criminal Appeals
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19 Responses to “Are Dildos Illegal in Texas (again)?”

  1. Uh oh Robert! Those dildo-wielding criminals wish to force all of us Texans to live with the knowledge that they MAY use such devices in their private lives! We can’t have that!

    *cue hysterical “values” voter*
    What about the children?!

    *rational person enters*
    Children aren’t allowed in places where such items are sold. So, “the children” aren’t a valid concern
    *hysterical voter*
    But who will protect the children?!

    Next, it will be illegal for any position except missionary…

  2. Anonymous says:

    THE REAL ASSHOLE HERE IS THE TRIAL JUDGE, AND THE DEFENSE ATTORNEY FOR GOING TO THE TRIAL JUDGE, INSTEAD OF THE JURY FOR PUNISHMENT

  3. They want to have an exclusive relationship with the citizens, that is, they want to be the only ones who can f@#k us!

  4. MrSpkr says:

    As a Justice on the Court of Appeals said a few years back, here we go increasing the price of dildos in Texas again.

  5. Gary says:

    so as far as Texans are concerned it’s a DildoN’T?

  6. Debb says:

    What a stupid law. I am so tired of our government dictating our private lives. oh and please excuse the pun dick tating.

  7. Anonymous says:

    I can get a license to carry a loaded firearm but not a dildo? What if the batteries are removed? What about a “concealed dildo”?

  8. Anonymous says:

    so i guess they dont havce a spencers!!!!! Hahahah
    get it? hahaha

  9. Ralph says:

    I wanted to shove a dildo through my eye socket and into my brain after hearing about this law. I guess the law does protect people.

  10. Dude says:

    Wow… What a dumb law. And to Eric (though its a little late) it is already illegal for any position other than missionary in the military.

  11. Anonymous says:

    These laws are in place to keep the dildo population in check. We can’t have dildos all over the place, running rampant. One could trip on a dildo, or perhaps accidentally fall ass first onto a rogue dildo. As you may know, the dildos’ primary means of transportation is flying. Now that’s just asking for a dildo related fatality.

  12. Russell Mitchell says:

    This is a Bunch of bull shit

  13. Anonymous says:

    Its not that big of a deal you can just buy it online. It clearly states that it is illegal to advertise and sell dildos not own one so

  14. rica says:

    I’ve read this kind of article before and dildos are not illegal in Texas. I agree that is is just illegal if you advertise it in public.

  15. J Delaney says:

    Texan’s are not exactly known in the rest of the world as an educated bright and modern species of human beings; mind you that applies for the majority of Southern US Federal States natives, too. Keep your guns and ban dildos and don’t forget it takes a lot longer then a few hundred years to become civilized. You managed the first step already successfully, you learnt to walk upright. Be proud of your achievement:)
    Jon / London UK

  16. Steve says:

    GOOD! Finally good ole TEXAS has enough sense to make illegal a menace to society and people’s sexual health. Dildos and vibrators hurt sexual relationships by offering an unnatural alternative to sex.They are fake sexual organs. Not to mention, they are made out of plastics and rubbers, things that are harmful to the environment and society. About time someone puts a stop to something that hurts society. I’m surprised there is a lack of people complaining about them. All of these posters complaining about their lack of dildos should go figure out what real sex is and stop ruining their sex lives and their future partners sex life by settling for mockeries of the real thing.

  17. Mike Hunt says:

    Haha this law works to my advantage. I have a dildo smuggling business behind Tony Romo’s house.

  18. Gretta G says:

    What if you are FAT and UGLY and full of health issues so that men don’t want you???? And you(like me) have a HIGH libido. Glad I live in MN:D Now I won’t ever go to Texas. Besides I use them for a colonic stricture. FUCK DRs and their damn stents. I won’t have one.