It shall be unlawful and a misdemeanor, punishable as authorized
by state law, for any person to promote or possess with intent to
promote any obscene material when knowing of its content and character.
Each day that said violation continues may be treated as a separate
offense.
A person who promotes obscene material or possesses the same
with intent to promote it, in the course of his business, is presumed
to do so with knowledge of its content and character.
For the purposes of this article, the following terms shall
have the meanings indicated:
MATERIAL
Anything tangible, capable of being used or adapted to arouse
interest, whether through the medium of reading, observation, sound
or in any other manner.
OBSCENE
Any material or performance is obscene if the average person,
applying contemporary community standards, would find that, considered
as a whole, its predominant appeal is to the prurient interest in
sex and depicts or describes, in a patently offensive manner, actual
or simulated sexual intercourse, sodomy, criminal sexual act, sexual
bestiality, masturbation, sadism, masochism, excretion or lewd exhibition
of the genitals and, considered as a whole, it lacks serious literary,
artistic, political and scientific value. Predominant appeal shall
be judged with reference to ordinary adults, unless it appears from
the character of the material or the circumstances of its dissemination
to be designed for children or other specially susceptible audiences.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
PROMOTE
To manufacture, issue, sell, give, provide, lend, mail deliver,
transfer, transmute, publish, distribute, circulate, disseminate,
present, exhibit or advertise or to offer or agree to do the same.
WHOLESALE PROMOTE
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate or to offer
or agree to do the same for purposes of resale.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Violation of this article is punishable by a fine not exceeding
$1,000 or by imprisonment not exceeding six months, or by both fine
and imprisonment. Each day or any portion of which any violation of
this article is committed, permitted or continued shall constitute
a separate offense.