Is It Illegal to Own More Than Six Dildos in Texas? Yes, It Is | Hacker News Reader

Is It Illegal to Own More Than Six Dildos in Texas? Yes, It Is

onwardtexas.org

35 pointscroes41 comments

I'm not a lawyer but since the drafting uses the word 'presumed' I think that it is not strictly illegal to own 6 or more dildos but you would have to prove your innocence if you did and got 'caught' (I.e. that you are not 'promoting' them, which is the offense).

I believe that is correct.

The next section of the linked-to law, at https://statutes.capitol.texas.gov/Docs/PE/htm/PE.43.htm , gives an example:

> 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.

I think this is the right description: https://en.wikipedia.org/wiki/Rebuttable_presumption

Here's an example for "Killing deer by use of certain lights; acts raising presumption of attempt to kill.", from https://law.lis.virginia.gov/vacode/title29.1/chapter5/secti... .

> The flashing of a light attached to any vehicle or a spotlight or flashlight from any vehicle between a half hour after sunset and half hour before sunrise by any person or persons, then in possession of a firearm, crossbow, or bow and arrow or speargun, without good cause, shall raise a presumption of an attempt to kill deer in violation of this section. Every person in or on any such vehicle shall be deemed a principal in the second degree and subject to the same punishment as a principal in the first degree.

Here's another, for fishing: https://apps.leg.wa.gov/WAC/default.aspx?cite=220-310-110

> Possession of fish or shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the fish or shellfish were taken with such gear

So what about gun shaped dildos? Or dildo shaped guns? Obviously any dildo/gun would need to shoot blanks? Also, would a foreskin on the dildo-gun be viewed as a silencer and therefore illegal? So, so many thoughts

I think if you could make a dildo shooting gun you would most probably bypass this law and store 100s of them. Afterall everything is big in Texas. So why not big dildo bullets!

There's a perfectly good reason for this rule. Imagine if someone had 7 of them, they would certainly choke on them. There's even a saying - 6 is company, 7 is a choking hazard.

This is what "limited government" looks like.

The right is for limited government like the left is against wars. Anyone paying attention knows it's all BS.

Sure. My most vivid memory of the 2003 protests was all the Bush fans in the crowd.

The right is all about control.

"Small enough to fit in your bedroom."

>Judges on the 5th U.S. Circuit Court of Appeals found the law unconstitutional in a ruling from 2008, considering that the Texas statute cannot define sexual devices themselves as obscene and prohibit their sale. However, with a GOP majority in the House and in the Senate, the law remains in the books. So yes, under Texas law, it is not allowed for a person to own six Dildos

Somebody doesn't understand how law works. Unless they are playing semantic games and only a minority of the 5th Circuit ruled it unconstitutional (or the ruling was later overturned by SCOTUS), the Court overrides statute law, and the law is unenforceable.

So, no, it isn't illegal, and the article is premised on a lie. And look how many commenters here get triggered by one lie.

It's just like there are thousands of deeds that have racial/religious covenants on them, but those clauses are invalid even if the deed is not changed, because case law.

So, to make everyone in Texas a lawbreaker, send everyone in Texas six dildos, and include shortcut links in the dildo packages which they can click on, that unfurl and quickly list those dildos on eBay.

Everyone in TX goes straight to jail!

This ingenuity is why schemes to encode civil or god forbid criminal law in a blockchain are misguided.

You forget: Prosecutorial discretion.

There is no crime unless the Attorney General prosecutes it.

TX is historically one of the most strongly anti-individual-freedom states, so even if it's a clickbaity, it's not quite untrue.

As a follow on [I said elsewhere], the unconstitutionality of this law, references Lawrence v. Texas, which is itself based on the right to privacy provide by the presumably defunct Roe vs. Wade.

Given TX has historically wanted to control what people do in the home, as well as controlling women's bodies, I don't see TX having a problem in which the judicial landscape gives them back legislative control of women's bodies, and people's private and intimate relationships.

I wish the west coast could succede from the rest of the US, especially the south. Everyday I am becoming increasingly ashamed to be associated with them in any way.

Some individuals are okay, I have some friends in Texas (though none are gun owners).

Things are spinning out of control between the abortion restrictions, school shootings, and toxic and hateful political climate. The macro trends are alarming, to say the least.

As a southerner I hate this shit, seriously a poisonous attitude to have towards such large and yes, diverse groups of people.

The south is like a quarter to a third black! 30 million or so queer people live down there. It's the most populous region of the united states and the home or origin of gigantic swathes of organic american culture.

If you feel like things are going badly down there, you should reach out in solidarity to southerners, because many more of them agree with you than you are encouraged to think. Segregation is still basically a thing, tens of millions are disenfranchised and intentionally impoverished. It's more correct to think of it as occupied territory than your enemy. The shame we should feel is our own, for letting this continue against the wills of so many who live under it.

Thank you, I'm open to this collaboration:). Seriously, I appreciate you sharing your perspective and reminding me not all the brains there subscribe to extreme idiocracy.

I am eager to see the minorities in TX get more involved in politics and help restore sanity.

I have never been to the USA but know of the place too much (and very superficially of course) from media consumption and everything getting Americanised - from alien invasions to pop songs.

Anyway, this comment reminded me of The Handmaid's Tale.

That’s lumping a lot of people together and alienating them. Liberals are doing that plenty in my home country right now.

>I wish the west coast could succede

Indeed.

As an East Coaster, I 100% support your calls for California secession!

"Of course it's company policy never to imply ownership in the event of a dildo... always use the indefinite article: a dildo, never your dildo."

Does that mean you can only have 6 Ted Cruz statues?

Sunday is a day of rest.

Is it by any means possible, that some small “edge” laws are just written by people with a great sense of humor?

Damn I knew republicans were nuts but this takes the biscuit! What business is it of theirs what people do in the bedroom?

Um, isn't that kind of their whole thing?

But why do they care? I never get that.. Why is it such a thing what people do in the bedroom.

I can imagine a person inserting 6 dildos at the same time might get into a situation where they put a burden on the health system. ERs have better things to do than extracting toys from orifices in the middle of the night :P Besides that I can't come up with anything. /

PS the other thing that's really puzzling is why 6 are a problem but 5 aren't.

The entire reason any political party, monarch, dictator, etc throughout history cares about what goes on in the bedroom is to ensure that families are settling down, so less likely to revolt when you're taking care of children, and you're ensuring there are healthy future farmers, producers, soldiers, tax payers, etc. Religion often plays a role into shaming people into those roles, but isn't necessary if you can do it with force.

If you're a woman or a guy playing around with seven dildos, you're not doing that and should be playing around with a member of the opposite sex's genitals. Hopefully you'll get a baby, whether you want one or not

This is a bad law, but this post is a bit clickbaity in the sense that the law is about "presumption" which means it's not inherently illegal. That isn't an excuse for a bad law, but it's a far cry from making the mere possession of six dildos per se a crime. Furthermore, while having bad laws on the books is a very bad thing, we have to ask how many people have been prosecuted and convicted on the basis of possessing six dildos. I don't know for sure, but a cursory search doesn't seem to turn up any cases except one from 30 years ago in which the defendant was acquitted. Again, not defending this law, but the article just seems like an attempt to dunk on the Republican state..which is fine - knock yourself out - but let's have a bit of perspective.

I believe this law has been struck down at the federal level already.

However, the problem is when this law meets prosecutorial discretion. It's basically a useful way for a local Texas DA to harass those with alternative sexualities.

So having 5 isn't considered having alternative sexualities?

Asking for a friend ;-)

It was struct down based on Lawrence, which was substantially base on Roe vs Wade, so may no longer be unconstitutional.

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