Yorko v. State

After a bench trial, Kenneth Alan Yorko, appellant, was convicted of “possesspng] with intent to sell an obscene device, namely, a dildo, knowing the content and character of the device.” Punishment was assessed at three days’ confinement in the Harris County jail and a $750 fine.

This offense is circumscribed by the provisions of V.T.C.A., Penal Code, Sections 43.21(a)(7) and 43.23(c)(1). The latter provides in part that a person commits an offense if, knowing its content and character, he possesses any obscene device with intent to promote it. The word “promote” is statutorily defined to…