Reply #70: She violated a state law, not a local ordinance

[ctex]

Texas Penal Code Section 43:23 which reads as follows

Sec. 43.23. OBSCENITY. (a) A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device.
~ (b) An offense under Subsection (a) is a state jail felony.
~ (c) A person commits an offense if, knowing its content and character, he:
~ ~ (1) promotes or possesses with intent to promote any obscene material or obscene device; or
~ ~ (2) produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.
~ (d) An offense under Subsection (c) is a Class A misdemeanor.
~ (e) A person who promotes or wholesale promotes obscene material or an obscene device or possesses the same with intent to promote or wholesale promote it in the course of his business is presumed to do so with knowledge of its content and character.
~ (f) A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.
~ (g) It is an affirmative defense to prosecution under this section, that the person who possesses or promotes material or a device proscribed by this section does so for a bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose.

------------------------------------------------------------------------