Legal Question in Criminal Law in Texas

Adult Novelties and Minors

My daughter visited a Spences Novelty Store. This store sells T-shirts, stickers, jewelery, house hold nick nacks and adult novelites, such as games and joke gifts. My daughter, who is 16 years old, was allowed to purchase a sucker that was in the shape of a man's penis. She then enjoyed the candy while walking up and down the mall. My question is it legal for this store to sell this type of item to a minor? Oh and I am in the state of Texas since laws can be different by state.


Asked on 4/28/07, 1:55 pm

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Adult Novelties and Minors

Hello there,

At fist glance when I read this question I thought it was a joke. However, I did some research regarding Pornography.

In Texas under section 43.24 of Texas Penal code the Crime is Titled: Sale, Distribution, or Display or Harmful Material to a Minor.

The law goes on to discuss who a minor is and what is Harmful material.

The penis lollipop would fall under this section of the penal code as being illegal. It is a class A misdemeanor in Texas and holds a punishment range of up to a year in jail and also up to a $4,000.00 fine. However, if a Minor is used to sell the item it is a third degree felony and that holds a punishment range anywhere from 2-10 years and up to a $10,000.00 fine.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

3301 GOLDEN RD.

STE. 410

TYLER, TEXAS 75701

9035939100

STATE WIDE REPRESENTATION

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Answered on 4/28/07, 6:22 pm


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