South Carolina legislators are considering a bill that would ban sex toys from the state and force stiff jail time to violators.
Under the proposed measure, sponsored by Republican Rep. Ralph Davenport, the sellers and buyers of the devices could face up to five years in prison and a $10,000 fine, according to the Columbia, S.C. newspaper The State.
The law would allow police to close down sex shops and confiscate all sex toys, deeming them indecent and illegal.
Pat Irons, manager of the Sugar ‘N Spice sex shop here, said the law is meant to shut down adult bookstores and other couples-oriented stores like hers throughout the state.
“Even pastors shop in here. They send couples in here they counsel for marriage problems.”
Davenport would not comment, but so far his legislation has yet to find a fellow legislator to cosponsor it.
The proposed measure uses the U.S. Supreme Court ruling that defines obscene material as something “contemporary community standards” determine as offensive sexual conduct which “lacks serious literary, artistic, political or scientific value.”
Maj. Dan Johnson of the state police said he was unsure how the measure would assist law enforcement since most obscenity investigations involve undercover officers renting or buying videos and magazines to determine whether they’re obscene.
The proposed measure would echo a similar law in Alabama which also bans sex toys. That law was struck down in 1998 by District Court Judge Lynwood Smith Jr. who twice ruled against it, saying it violated right to privacy guarantees in the Constitution.
The U.S. Supreme Court refused to hear the case in February 2005 and the issue is back with a lower court.
