HOUSTON -- A Houston store clerk could face up to a year in prison because of the provocative items being sold on a north Houston store's shelves.

Houston police charged Jose Escalante with obscenity because he was in possession of adult toys with the intent to promote and sell them. If convicted, Escalante could face up to a year in prison and a $4,000 fine.

Escalante is an employee of the Adult Video Megaplex location on Interstate 45 in north Houston. The store sells items that are considered obscene because they are designed to be used in a sexual act.

On June 9, vice officers with the Houston Police Department arrested Escalante at the store and seized some of the toys.

Richard Kuniansky, Escalante's attorney, said thinks the case is ridiculous.

"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 defense asked an officer who testified Tuesday to define what makes an adult toy obscene since there were numerous items being sold at the store that were not confiscated.

The officer said an adult toy is obscene if it is contained in a package with a label that indicates the toy is designed to be used in a sexual act.

Many of the adult toys not confiscated from the store are advertised as massagers. "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. In my opinion, that means nothing," Kuniansky said.

Kuniansky told KPRC-TV in Houston that he believes his client was unfairly singled out.

However, prosecutors said the law is the law, and that anyone caught in possession of six or more adult toys deemed obscene by the law is presumed to be promoting them and could be arrested.

Although Escalante has said he was only a store clerk, prosecutors have said he was a store manager, meaning he was in possession of all of the products being sold in the store.