Politically, this is the perfect Texas law. 71.02(a) combines the public's fear of gangs, with our state's Victorian sexual mores. Fear and chastity are the peanut butter and jelly of Texas legislation. It's political gold!Thank heavens! Surely we're all safer now?(a) A person commits an offense if... as a member of a criminal street gang, the person commits or conspires to commit one or more of the following:.... (6) any unlawful wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same;
I am ready to declare 71.02 (a)(6) the most effective law of all time. I have never seen a single arrest or prosecution for this offense. ...Forget the high toned debates over "deterrence". The minute this law was passed every gang banger in the Lone Star state grabbed a copy of the Penal Code and realized; trafficking in lascivious obscene devices is wrong.
Tuesday, February 03, 2009
Why don't gang members sell sex toys?
Robert Guest, creator of the Texas Criminal Law Generator, identifies what may be the most effective criminal statute of all time - a ban on gang members selling sex toys. He writes: