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Texas Prevents People From Owning More Than 6 Dildos. Now Lawmakers Want to Ban Sex Toys at Walmart. (www.xatakaon.com)

submitted 2 weeks ago by irreticent@lemmy.zip to c/nottheonion@lemmy.world

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cross-posted from: https://ponder.cat/post/952397

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[–] Wxfisch@lemmy.world 3 points 2 weeks ago (1 children)

Typically in legalese like this, “he” isn’t denoting only people who use that pronoun, it’s understood to apply to all people.

The law as you posted seems to be equating owning more than six “obscene devices” with an intent to sell them, or use them as part of a business, whether that actually is the intent or not. It also notes that have multiple “devices” that are the same or similar is also an offense (so having two identical or even similar sex toys even if you have fewer than six total would also be a misdemeanor).

But you can claim they are for medical or psychiatric purpose and have as many as you need:

(g) 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

[–] homesweethomeMrL@lemmy.world 2 points 1 week ago

Typically in legalese like this, “he” isn’t denoting only people who use that pronoun, it’s understood to apply to all people.

Yeah but it's an interesting defense. There are laws that only apply to women, aren't there? And they dont' use "he". You'd lose, but it'd be an interesting case.

And the definitions section was too long to paste in, but you can get there from the link in the article.