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South Carolina ready to ban sex toys

SC, you’re behind the times! Your peeps in ‘Bama were right on this abomination months ago.

In August of last year, the Supreme Court refused to hear a case on the legality of a ban on the sale of sex toys in Alabama. The law prohibited the distribution of ‘any device designed or marketed as useful primarily for the stimulation of human genital organs.’ You could get a year in jail or be fined $10K on a first offense.

Alabama’s law does allow the sale of vibrators and body massagers that are not specifically designed or marketed to the public as sexual aids. Sales of sexual devices were exempt if they were to be used ‘for a bona fide medical, scientific, educational, legislative, judicial or law enforcement purpose.’ Hmmmm…name valid law enforcement uses for a blow-up dolls or a butt plug. The other states with bans are Georgia, Mississippi and Texas.

Anyway, back to the Palmetto State, Rethug Rep. Ralph Davenport of Boiling Springs, SC, is the man with a plan to deep-six dildos. Under his bill (H. 4830), if you’re convicted of selling a vibe you can receive up to five years in prison and a $10,000 fine. (Anderson Independent-Mail):

Lucy’s Love Shop employee Wanda Gillespie said she was flabbergasted that South Carolina’s Legislature is considering outlawing sex toys.

…The South Carolina bill, proposed by Republican Rep. Ralph Davenport, would make it a felony to sell devices used primarily for sexual stimulation and allow law enforcement to seize sex toys from raided businesses.

“That would be the most terrible thing in the world,” said Ms. Gillespie, an employee the Anderson shop. “That is just flabbergasting to me. We are supposed to be in a free country, and we’re supposed to be adults who can decide what want to do and don’t want to do in the privacy of our own homes.”

The proposed law is completely based upon the premise that selling a sexual device is a violation of obscenity laws.

A person disseminates a sexual device within the meaning of this article if it is designed or marketed as useful primarily for the stimulation of human genital organs and solely for the sale of prurient interest in sex.

Look at Davenport’s level of detail and research that obviously went into crafting this masterpiece of legislation. Warning: — it could give some of you the vapors, but the man is serious about protecting South Carolina’s citizens from the purveyors of products for pee-pees, hoo-hahs, and any other body parts that might be subject to stimulation.

(B) For purposes of this article any material is obscene if:

(1) to the average person applying contemporary community standards, the material depicts or describes in a patently offensive way sexual conduct specifically defined by subsection (C) of this section;

(2) the average person applying contemporary community standards relating to the depiction or description of sexual conduct would find that the material taken as a whole appeals to the prurient interest in sex;

(3) to a reasonable person, the material taken as a whole lacks serious literary, artistic, political, or scientific value; and

(4) the material as used is not otherwise protected or privileged under the Constitutions of the United States or of this State.

(C) As used in this article:

(1) ‘sexual conduct’ means:

(a) vaginal, anal, or oral intercourse, whether actual or simulated, normal or perverted, whether between human beings, animals, or a combination thereof;

(b) masturbation, excretory functions, or lewd exhibition, actual or simulated, of the genitals, pubic hair, anus, vulva, or female breast nipples including male or female genitals in a state of sexual stimulation or arousal or covered male genitals in a discernably turgid state;

(c) an act or condition that depicts actual or simulated bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;

(d) an act or condition that depicts actual or simulated touching, caressing, or fondling of, or other similar physical contact with, the covered or exposed genitals, pubic or anal regions, or female breast nipple, whether alone or between humans, animals, or a human and an animal, of the same or opposite sex, in an act of actual or apparent sexual stimulation or gratification; or

(e) an act or condition that depicts the insertion of any part of a person’s body, other than the male sexual organ, or of any an object into another person’s anus or vagina, except when done as part of a recognized medical procedure.

(2) ‘patently offensive’ means obviously and clearly disagreeable, objectionable, repugnant, displeasing, distasteful, or obnoxious to contemporary standards of decency and propriety within the community.

(3) ‘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.

(4) ‘person’ means any individual, corporation, partnership, association, firm, club, or other legal or commercial entity.

(5) ‘knowingly’ means having general knowledge of the content of the subject material or performance, or failing after reasonable opportunity to exercise reasonable inspection which would have disclosed the character of the material or performance.

(D) Obscenity must be judged with reference to ordinary adults except that it must be judged with reference to children or other especially susceptible audiences or clearly defined deviant sexual groups if it appears from the character of the material or the circumstances of its dissemination to be especially for or directed to children or such these audiences or groups.

(E) As used in this article, ‘community standards’ used in determining prurient appeal and patent offensiveness are the standards of the area from which the jury is drawn.

(F) It is unlawful for any a person knowingly to create, buy, procure, or process obscene material or a sexual device with the purpose and intent of disseminating it.

(G) It is unlawful for a person to advertise or otherwise promote the sale of sexual devices or material represented or held out by them as obscene.

(H) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both.

(I) Obscene material and sexual devices disseminated, procured, or promoted in violation of this section is contraband and may be seized by appropriate law enforcement authorities.”

Hat tip, Raw Story.

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Pam Spaulding

Pam Spaulding