The Law That Makes Texans Lose Respect for the Law
Every Texan knows the state takes pride in personal freedom. Yet hidden in the Texas Penal Code is a relic that tells a very different story. It is a law so outdated that it borders on parody. Under this rule, owning or selling too many adult novelty products can make you a criminal.
What the statute says
The “obscene devices” law is found in Texas Penal Code Section 43.23. It makes it illegal to promote or possess with intent to promote “obscene material or obscene devices.” Subsection (f) goes further, declaring that:
“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.”
In other words, owning six identical sex toys means the state presumes you are selling them. The law defines “obscene device” in Section 43.21 as a product designed or marketed primarily for the stimulation of human genital organs.
Promoting these items can be charged as a Class A misdemeanor or even a state jail felony if the person is a wholesaler.
How this law came to be
The statute was introduced in 1973, a time when many states were writing morality-based laws that treated sexual expression as something dangerous to society. Legislators grouped sex toys with pornography and called them “obscene devices.”
In 2008, the Fifth Circuit Court of Appeals struck down parts of this law in Reliable Consultants, Inc. v. Earle, ruling that it violated the constitutional right to privacy and personal liberty. The decision effectively made the law unenforceable. Despite that, the Legislature never repealed it. It remains printed in the Penal Code.
Why adult stores still take it seriously
Most adult-novelty shops in Texas operate cautiously. They avoid stocking more than five identical items, label products as “novelties” or “massage devices,” and divide their inventory between locations. The owners know the law is not actively enforced, but they also know it still exists.
For small business owners, that lingering uncertainty matters. The law’s mere presence forces people to act as if they are guilty for running a legitimate enterprise.
The real harm of outdated laws
The problem with keeping obsolete laws on the books is larger than one topic. When people see statutes that clearly belong to another century, they stop taking the law seriously.
A legal system earns respect only when it is coherent, current, and fairly applied. Leaving unenforceable morality laws in place tells citizens that the law is not about justice but about politics and symbolism. It suggests that legislators care more about appearances than consistency.
When individuals know that part of the Penal Code contradicts both constitutional rulings and modern social reality, they begin to question whether other parts of the law are equally out of touch. Over time, that cynicism undermines public trust.
A matter of integrity, not morality
Repealing laws like Section 43.23 is not about promoting any specific lifestyle. It is about maintaining the integrity of the legal system. A state cannot claim to value personal freedom while keeping criminal statutes that treat ordinary adult behavior as obscene.
Laws that no longer reflect constitutional principles should not remain as empty threats. They should be removed, clearly and openly. Doing so restores respect for the law and for the lawmakers who write it.
Texas often says it stands for freedom and responsibility. Cleaning up laws like this would be a small but powerful way to prove it.