I am doing a project on sex laws and I came across the sex toy ban in Alabama and Texas. Do people still get arrested and face jail time for selling or possessing sex toys?
Though I don't think "Obcsene Device" prosecutions are rampent in the states where these laws are on the books (I didn't spend an tremendous amount of time pouring through the statistics) these laws are still in existance, still on the books and in one state, sale of obcsene devices can result in a 1 year encarceration and up to a $10,000 fine. Here are some cases to look at
Texas: Constitutional. Red Bluff Drive-In, Inc. v. Vance, 648 F.2d 1020 (5th Cir. 1981); Yorko v. State, 690 S.W.2d 260 (Tex.Crim.App. 1985).
Colorado: Unconstitutional. People ex rel. Tooley v. Seven Thirty-Five East Colfax, Inc., 697 P.2d 348 (Colo. 1985).
Kansas: Unconstitutional to the extent of potential application to therapeutic use. State v. Hughes, 246 Kan. 607, 792 P.2d 1023(1990).
Louisiana: Unconstitutional. State v. Brenan, 772 So.2d 64 (La. 2000).
Mississippi: Constitutional. PHE, Inc. v. State, 877 So.2d 1244 (Miss. 2004).
Alabama: Read up on the Sherri Williams opinion and all the subsiquent opinions. Williams v. United States District Court for the District of Alabama.
Texas code Chapter 43 public Indecency Subchapter B. Obscenity
43.21, 43.22, 43.23
Georgia database was down so I cant get current status of the law.
Georgia Official code 16-12-80 Distributing obcsene materials;
There's lots of case law on this subject.