Jody Serrano
Editor in chiefEditor in Chief at Xataka On. Before joining Webedia, I was a tech reporter at Gizmodo and The Messenger. While I've covered all sorts of things related to technology, I'm specialized in writing about social media, Internet culture, Twitch, and streamers.
Texas may consider itself a state with low regulation, but that doesn’t apply when it comes to things its lawmakers consider “obscene.” For example, in the 1970s, the state made it illegal for a person to own more than six dildos.
While the six-dildo law is unenforceable today, lawmakers haven’t stopped trying to regulate sex toys. Now, they want to ensure that everyone who buys sex toys online is over 18 years old.
Can I see an ID? Introduced by state Sen. Angela Paxton, SB 3003 aims to ban the online sale of “obscene devices” to minors—people under the age of 18—and force retailers to verify the age of customers who buy these products. SB 3003 would require online retailers to either ask customers for a government-issued photo ID or contract a third-party verification service.
The Texas Obscenity Statute defines “obscene devices” as those that are “designed or marketed as useful primarily for the stimulation of human genital organs.” This includes a “dildo or artificial vagina.”
Under the proposed law, failure to implement an age verification progress for these products would be classified as a misdemeanor and subject to fines of up to $5,000 per violation.
A return to olden times. As reported by 404Media, which first spotted the bill, Paxton’s law would drag the state back to the times when the six-dildo law was still enforceable. A Texas federal appeals court overruled the statue in 2008.
Hallie Lieberman, a journalist and author who sold sex toys in the state in the early 2000s, told 404Media that sellers got around the law by claiming the sex toys were for “medical purposes.”
“I can see something like that happening again, with people saying on their sex toy store websites that vibrators are for back massage and butt plugs are for rectal strengthening,” Lieberman said. “It's similar to how sex toys were marketed in the early 20th century to get around obscenity laws and the Comstock Act (which unfortunately still exists and may be used to prevent access to contraceptives and sex toys nationwide.) Butt plugs were sold as cures for asthma and vibrators for sciatica. We are literally going back in time with this law.”
The risks of handing over your ID. While some might not see providing an ID to buy a sex toy as a big deal—it might be annoying, sure—linking a sale to a specific individual is more dangerous than you think. The risk is even higher for members of the transgender and queer communities.
For instance, if the data is hacked, it could hand in the hands of a foreign government. The Texas government could also request to access the data.
“In a nation where the president has declared that there are only two genders and that transgender people don't exist, where trans people are erased from government websites and kicked out of the military, it would be dangerous for the government to have a record that you purchased sex toys designed for trans people,” Lieberman told 404Media.
Texas’ crusade against sex toys. Laws that attempt to regulate or limit access to sex toys aren’t exactly rare in Texas. In December 2024, Texas state Rep. Hillary Hickland filed HB 1549, which would ban retail stores like Walmart or Target from selling sex toys.
“Our family-oriented retailers should reflect the values of the communities they serve," Hickland said in a statement at the time. "Parents do not consent to their children being exposed to obscene devices while shopping for toothpaste.”
HB 1549 was referred to the Texas House’s Committee on Trade, Workforce, and Economic Development in early March.
Images | Gwen Mamanoleas | Gwen Mamanoleas
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