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11 January 2014

For Nearly Forty Years, It Has Been Illegal for Georgia Husbands to Give Their Wives a Dildo

With the north Fulton County city of Sandy Springs making headlines over its ordinance criminalizing the sale, renting, or leasing of dildos and other sex toys, Georgia Unfiltered decided to research state law in an effort to see if such a statute was in effect across the Peach State.

It seems that Georgia has had a law making it illegal for any person to "sell, lend, rent, lease, give, advertise, publish, exhibit, or otherwise disseminate to any person any obscene material of any description, knowing the obscene nature thereof" on the books since 1975.

Nearly forty years ago, the Georgia General Assembly re-wrote the state's obscenity law, which included the following sentence:

"Additionally, any device designed or marketed as useful primarily for the stimulation of human genital organs is obscene material under this Code Section."

Over the years, state lawmakers amended the dildo law; making minor and technical corrections here and there. But the sentence that reads, "any device designed or marketed as useful primarily for the stimulation of human genital organs is obscene material under this Code Section", still remains on the books.

A person who commits the offense of distributing obscene material shall be guilty of a misdemeanor of a high and aggravated nature, which means that a husband who gives his wife a vibrator could end up doing some time in jail for his act of affection.

However, there is a loophole in state law that allows people to mount a defense against the charge of distributing obscene material, including giving away sex toys.


It is an affirmative defense under this Code section that dissemination of the material was restricted to:

(1) A person associated with an institution of higher learning, either as a member of the faculty or a matriculated student, teaching or pursuing a course of study related to such material; or

(2) A person whose receipt of such material was authorized in writing by a licensed medical practitioner or psychiatrist.

O.C.G.A. § 16-12-80

There's no word if ObamaCare covers prescription pocket rockets.