Adult Store Clerk Not Guilty in Sex Toy Case

HOUSTON — An adult retail store clerk arrested during a June raid and accused of illegally selling adult toys was found not guilty of the charges Wednesday.

Officers of the Houston Police Department raided the Adult Video Megaplex Houston on June 9, confiscated a number of items, arrested sales clerk Jose Escalante and charged him with obscenity.

Prosecutors said Escalante was in possession of adult toys with the intent to promote and sell them. According to Texas law, it is illegal to sell an item designed exclusively for use in sexual acts. Anyone caught in possession of six or more such items is considered a distributor and open to prosecution.

If convicted, Escalante could have faced a year in prison and a $4,000 fine.

Escalante's attorney, Richard Kuniansky, argued that dozens of stores across the city sell similar products to the ones confiscated from Adult Video Megaplex and that Escalante should not have been singled out.

Kuniansky also argued that obscenity is a subjective matter. Many of the items sold at the store are advertised as massagers and cannot be assumed to be intended for purely sexual purposes, he said.

“These devices are for sale all over town, at passion parties, and some of the establishments do put on the devices that it is intended for novelty only,” Kuniansky said.

Since Escalante was merely a clerk and not a manager of the store, Kuniansky added, he should not have been held accountable for the store’s inventory.

“He's simply a clerk at the store, and the vice squad went in and arrested a clerk for possession with intent to distribute obscene devices. It's absurd,” Kuniansky said.

The jury agreed and found Escalante not guilty. No additional charges have been filed against the store or its employees.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Full Circle Debuts New 'Cleo Feather' Vibe

Pleasure brand Full Circle has introduced its new Cleo Feather Tickler vibrator.

Pjur Launches 'Toy' Line in North America

Pjur has announced its Toy series of wellness products will be available for purchase in the U.S. starting in September.

Orion Expands Cottelli 'Costumes' Line

Orion Wholesale has introduced two new outfits from its Cottelli Costumes line.

Harry Styles' Lifestyle Brand Enters Sexual Wellness Space With 'Pleasing Yourself' Vibe, Lube

Pleasing, the lifestyle brand founded by Harry Styles, has launched its first sexual wellness product line, Pleasing Yourself, featuring a double-sided vibrator and a silicone lubricant.

Tenga Names Kyrie Hara Sales Lead

Japanese pleasure brand Tenga has appointed Kyrie Hara as its new sales lead for Tenga USA.

Electric Novelties Expands 'Together' Collection

Electric Novelties has introduced four new items from its Together collection.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

Motorbunny Debuts 'Grip' Stroker Attachment

Motorbunny has introduced its Grip stroker sleeve attachment for its sex machines.

SOS Distribution Names Jake Solorzano Account Executive

SOS Distribution has appointed Jake Solorzano as its new account executive.

Show More