"Prurient interest means a shameful or morbid interest in nudity, sex, or excretion and is reflective of an arousal of lewd and lascivious desires and thoughts." That statement is taken directly from H. 4830, a bill introduced into the South Carolina General Assembly last March by Representative G. Ralph Davenport, Jr. of Boiling Springs, SC. The bill would effectively make the sale, possession, use, advertisement, or promotion of any sexual device a felony punishable by confiscation, fines of up to $10,000, and not more than five years of prison.
In Tennessee, state Sen. Charlotte Burks and state Rep. Eric Swafford have proposed Senate Bill 3794 (House Bill 3798), a legislation that would make it illegal to sell, advertise, publish, or exhibit to another person "any three-dimensional device designed or marketed as useful primarily for the stimulation of human genital organs. . ."
While Davenport's, Burks', and Swafford's proposed bills still await enactment, other states -- Texas, Alabama, Georgia, and Mississippi -- already have in place similar legislation banning the sale, distribution, and possession of adult sex toys. In these states, as well as in Indiana and Virginia, controversial interpretations and court decisions continue to confuse the issue of whether local government bodies can or should dictate what adult citizens may or may not do with sex toys and sexual devices.
The states' laws governing sex toys are based -- according to their sponsors -- on not offending community standards of obscenity in an effort to curtail "prurient interest" among their citizens. The language of the laws -- such as the statement which begins this article -- is so vague and interpretive that an individual is at risk for experiencing "an arousal of lewd and lascivious desires and thoughts." A reader is struck, too, by the biblical tone and interpretation of the word "shameful" in the law.
Depending upon "community standards" as a definition of what is or is not obscene, particularly in the ownership, use, and sales of adult sex toys, would appear to place legislation at the municipal level, that is among the community members itself. The diversity inherent in a state-wide "community" would necessarily include the retail stores, businesses, owners and users of sex toys. It is unlikely that these would support nor promote legislation making the sales or ownership of sex toys a criminal felony.
"Shameful sexual practices" -- determined as the use of sex toys among adults by certain legislators -- appears to be an archaic phrase. It is the language and tone of centuries-old censors who wished to regulate and control the behavior and freedom of members of society.
Sex positive activists, educators, business owners, and responsible citizens continue to urge awareness about your local, state, and federal laws regulating the distribution, sale, promotion, use, and ownership of sex toys. If you are unclear about these laws or if you feel they do not reflect your views, there are numerous venues online, including your state assemblies and senates, the ACLU, and sex education organizations where you can find detailed information. |
