# Sex Toy Ban in Alabama: How Vigorously (heh) Enforced?
**URL:** https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853
**Category:** Factual Questions
**Created:** [July 11, 2014, 2:30pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853 "2014-07-11T14:30:56Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)
#### Post date: [July 11, 2014, 2:30pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/1 "2014-07-11T14:30:56Z")
As most of us know, Alabama made headlines a few years back with the legal machinations related to its [sex toy ban](http://alabamacivilrights.wordpress.com/2013/08/30/back-to-the-closet-alabamas-seemingly-antiquated-anti-obscenity-enforcement-act-and-the-sex-toy-circuit-split-in-the-shadow-of-the-lawrence-decision/).
Here’s what I’d like to know, though: throughout the country, there are things that are illegal, and then there are things that are “illegal” 😉 .
For example, crack cocaine is illegal in Illinois. Get caught with even a gram and you’re looking at five years.
Marijuana is illegal in Illinois. Get caught with a “small amount” (less than 20 grams) in Sangamon County and the cops will confiscate it and fine you like $100.
Drug paraphernalia is “illegal” 😉 in Illinois. I can buy all the drug paraphernalia I want at at least three retail outlets in Springfield. I just have to be careful to dance around what it actually is when I’m at the [del]head shop[/del] novelties store, make sure it’s covered in the sack when I’m taking it home, etc.
So over in Alabama, how stiff are the penalties for being caught with dildos and such? Can you buy all you want at a store, provided you pretend that they’re for therapeutic purposes? Do sex shops even exist over there? Do they ban the importation of same from out of state on-line retailers? If you’re caught with a schlong in the car, are you looking at a long, hard prison sentence?
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### Author:  [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)
#### Post date: [July 11, 2014, 2:44pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/2 "2014-07-11T14:44:04Z")
The law is called the Anti-Obscenity Enforcement Act and the text is as follows:
> [@](#):
>
> (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of prurient appeal. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than one year. A second or subsequent violation of this subdivision is a Class C felony if the second or subsequent violation occurs after a conviction has been obtained for a previous violation. Upon a second violation, a corporation or business entity shall be fined not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000).
>
> (2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, possess with intent to distribute, or offer or agree to distribute, for the purpose of resale or commercial distribution at retail, any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than one year. A second or subsequent violation of this subdivision is a Class C felony if the second or subsequent violation occurs after a conviction has been obtained for a previous violation. Upon a second violation, a corporation or business entity shall be fined not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000).
>
> (3) It shall be unlawful for any person to knowingly produce, or offer or agree to produce, any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of prurient appeal. Any person who violates this subsection shall be guilty of a Class C felony.
>
> (4) If a person is held under this section in the county jail, one-half of any fines collected and due to be deposited to the State General Fund for violations of this section shall be paid by the Comptroller to the general fund of the county where the person is held for the operation of the county jail.
>
> Ala. Code § 13A-12-200.2
As far as I can tell, nobody has ever been prosecuted for possessing sex toys; the litigation involving the act has solely been people filing pre-enforcement challenges.\* Sex toys are still sold in Alabama, just under euphemistic product names (“novelties”, “massagers”, etc.)
\*A number of people have been prosecuted for possessing pornography under subsection (1).
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### Author:  [@Mithras](https://boards.straightdope.com/u/Mithras)
#### Post date: [July 11, 2014, 3:30pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/3 "2014-07-11T15:30:05Z")
> [@HeyHomie](#):
>
> Do they ban the importation of same from out of state on-line retailers?
The company I work for sells sex-toys online (and does other stuff, too). To avoid liability, we maintain a list of places we will not ship them to. This is all done automatically, of course and orders are rejected as soon as the customer enters their address.
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### Author:  [@Angua](https://boards.straightdope.com/u/Angua)
#### Post date: [July 11, 2014, 3:43pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/4 "2014-07-11T15:43:33Z")
> [@Really\_Not\_All\_That\_Bright](#):
>
> As far as I can tell, nobody has ever been prosecuted for possessing sex toys; the litigation involving the act has solely been people filing pre-enforcement challenges.\* Sex toys are still sold in Alabama, just under euphemistic product names (“novelties”, “massagers”, etc.)
Eh, not even that euphemistic. Places like Pleasures exist rather openly and are termed “romance stores that sell sex toys”. I even know of one particular branch that has a drive-up window.
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### Author:  [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)
#### Post date: [July 11, 2014, 3:47pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/5 "2014-07-11T15:47:00Z")
Man, I’d like to know where I can buy some romance. 🙂
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### Author:  [@Angua](https://boards.straightdope.com/u/Angua)
#### Post date: [July 11, 2014, 3:53pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/6 "2014-07-11T15:53:53Z")
You clearly need to frequent a romance store then… 😛
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### Author:  [@Accidental\_Martyr](https://boards.straightdope.com/u/Accidental_Martyr)
#### Post date: [July 11, 2014, 4:18pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/7 "2014-07-11T16:18:00Z")
I live in a town of about 90,000 people in Alabama. There are stores that sell porn and sex toys. Fantasyland is the first one that comes to mind.
> **[Adult Store | Duncanville, AL and Columbus, MS | Fantasyland](http://fantasylandal.com)**
>
> Fantasyland is an adult novelties store serving the greater Tuscaloosa, AL area. We specialize in adult novelties, books, toys, and lingerie.
Main page really isn’t NSFW but you probably don’t want to look at the Fantasyland site at work. 😉
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### Author:  [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)
#### Post date: [July 11, 2014, 6:25pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/8 "2014-07-11T18:25:45Z")
How do places like Fantasyland get their inventory is the companies that sell sex toys won’t ship to Alabama addresses? Do sex shop owners have to drive out of state to pick up their supplies? Or will the manufacturers ship to addresses they know are legit sex shops?
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### Author:  [@needtoknow](https://boards.straightdope.com/u/needtoknow)
#### Post date: [July 11, 2014, 6:56pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/9 "2014-07-11T18:56:49Z")
> [@Angua](#):
>
> Eh, not even that euphemistic. Places like Pleasures exist rather openly and are termed “romance stores that sell sex toys”. I even know of one particular branch that has a drive-up window.
It depends on where they are, too. The accepted way to force some stores to close is to open a “church” nearby. One church group in Pell City Alabama even went after a recycling center, cost the owner lots of 6-figure$. Even after the recycler moved across town, the church bought the land across the street from him there and continued complaining about him. But then there’s an area in Birmingham that has a motel listing hourly room rates out by the road to attract more “romance businesses”.
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### Author:  [@Accidental\_Martyr](https://boards.straightdope.com/u/Accidental_Martyr)
#### Post date: [July 11, 2014, 7:01pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/10 "2014-07-11T19:01:10Z")
> [@Little\_Nemo](#):
>
> How do places like Fantasyland get their inventory is the companies that sell sex toys won’t ship to Alabama addresses? Do sex shop owners have to drive out of state to pick up their supplies? Or will the manufacturers ship to addresses they know are legit sex shops?
I don’t know, I’ve never asked where they get their inventory. My wife has lots of sex toys that were all purchased in Alabama, so it’s obviously not enforced. A very quick search seems to indicate that Adam and Eve and Amazon will both ship sex toys to Alabama.
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### Author:  [@breezman](https://boards.straightdope.com/u/breezman)
#### Post date: [July 11, 2014, 11:31pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/11 "2014-07-11T23:31:34Z")
The company [Love Stuff](http://www.h.lovestuffonline.com) has stores in several places in Alabama.
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### Author:  [@Princhester](https://boards.straightdope.com/u/Princhester)
#### Post date: [July 11, 2014, 11:37pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/12 "2014-07-11T23:37:24Z")
> [@needtoknow](#):
>
> It depends on where they are, too. The accepted way to force some stores to close is to open a “church” nearby. One church group in Pell City Alabama even went after a recycling center, cost the owner lots of 6-figure$. Even after the recycler moved across town, the church bought the land across the street from him there and continued complaining about him. But then there’s an area in Birmingham that has a motel listing hourly room rates out by the road to attract more “romance businesses”.
This church is against recycling centres? Or is “recycling centre” a euphemism I’ve not heard before?
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### Author:  [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)
#### Post date: [July 11, 2014, 11:51pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/13 "2014-07-11T23:51:47Z")
> [@needtoknow](#):
>
> It depends on where they are, too. The accepted way to force some stores to close is to open a “church” nearby. One church group in Pell City Alabama even went after a recycling center, cost the owner lots of 6-figure$. Even after the recycler moved across town, the church bought the land across the street from him there and continued complaining about him. But then there’s an area in Birmingham that has a motel listing hourly room rates out by the road to attract more “romance businesses”.
It’s funny because there’s an adult novelty store nearby that’s next-door to a Pentecostal church; the adult store was there first and they seem to be doing just fine. Then again it’s an “classy” one that markets to women & couples; unlike the near the local drive-in/flea market that proudly advertises “private viewing” booths.
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### Author:  [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)
#### Post date: [July 12, 2014, 2:02am UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/14 "2014-07-12T02:02:14Z")
I urge a public sex-toy protest in Alabama. A dildo-in, if you will.
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### Author:  [@rsat3acr](https://boards.straightdope.com/u/rsat3acr)
#### Post date: [July 12, 2014, 2:37am UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/15 "2014-07-12T02:37:53Z")
> [@Siam\_Sam](#):
>
> I urge a public sex-toy protest in Alabama. A dildo-in, if you will.
then a dildo-out, in, out,in out…😃
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### Author:  [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)
#### Post date: [July 12, 2014, 3:05am UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/16 "2014-07-12T03:05:11Z")
Here’s a bit about the story of [Joanne Webb](http://www.dallasobserver.com/2004-04-08/news/sex-toy-story/), a Texas woman arrested and prosecuted for selling sex toys to undercover cops posing as a married couple.
Yes, I know Texas is not Alabama. But it’s close.
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### Author:  [@needtoknow](https://boards.straightdope.com/u/needtoknow)
#### Post date: [July 12, 2014, 8:26am UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/17 "2014-07-12T08:26:48Z")
> [@Princhester](#):
>
> This church is against recycling centres? Or is “recycling centre” a euphemism I’ve not heard before?
It was too stupid to waste time on, but the chief complaints seemed to revolve around beer. Beer comes in aluminum cans, and drunks are the second best source of beer cans (after bars, which are often filled with drunks). So in the same line of thought that condoms causes sex to happen, beer cans cause alcohol consumption, presumeably by keeping the cans in circulation. It’s severely stupid around here. Literally no one wanted to see the beer cans, or anyone who would be bringing them in for crushing and storage (before trucking them out). At the current site, they settled for 8ft solid fencing and restricted hours and days of operation.
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### Author:  [@bob\_2](https://boards.straightdope.com/u/bob_2)
#### Post date: [July 12, 2014, 11:20am UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/18 "2014-07-12T11:20:57Z")
I really really do not want to live in Alabama. I suspect that most Alabamians would not want me either:)
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### Author:  [@kayaker](https://boards.straightdope.com/u/kayaker)
#### Post date: [July 12, 2014, 12:10pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/19 "2014-07-12T12:10:48Z")
> [@bob\_2](#):
>
> I really really do not want to live in Alabama. I suspect that most Alabamians would not want me either:)
Yep, Alabama is not human friendly.
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### Author:  [@Accidental\_Martyr](https://boards.straightdope.com/u/Accidental_Martyr)
#### Post date: [July 12, 2014, 3:47pm UTC](https://boards.straightdope.com/t/sex-toy-ban-in-alabama-how-vigorously-heh-enforced/692853/20 "2014-07-12T15:47:18Z")
Let the Alabama bashing begin! Seriously, like I said, it’s not really an issue. The law isn’t enforced. I can leave my house right now and go buy all the sex toys and porn I want. Places like Fantasyland advertise on local radio. My wife has lots of sex toys and has gone to several of those lingerie/sex toy etc. parties at people’s houses. There are plenty of of things to be concerned about in Alabama, like any other state, but this isn’t one of them.
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