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 meaning 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 sexual bestiality, masturbation,
sadism, masochism, excretion or lewd exhibition of the genitals and,
as 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.
PROMOTE
To manufacture, issue, sell, give, provide, lend, mail, deliver,
transmute, publish, distribute, circulate, disseminate, present, exhibit
or advertise or to offer or agree to do the same.
Any person who violates any of the provisions of this article
shall be guilty of a violation and subject to a fine not to exceed
$250. Each day during any portion in which any violation of this article
is committed, permitted or continued shall constitute a separate offense.