Title 16, Chapter 12, Section 80
( 16-12-80)
(a) A person commits the offense of distributing obscene material
when he sells, lends, rents, leases, gives, advertises, publishes,
exhibits, or otherwise disseminates to any person any obscene
material of any description, knowing the obscene nature thereof, or
offers to do so, or possesses such material with the intent to do
so, provided that the word "knowing," as used in this Code section,
shall be deemed to be either actual or constructive knowledge of the
obscene contents of the subject matter; and a person has
constructive knowledge of the obscene contents if he has knowledge
of facts which would put a reasonable and prudent person on notice
as to the suspect nature of the material; provided, however, that
the character and reputation of the individual charged with an
offense under this law, and, if a commercial dissemination of
obscene material is involved, the character and reputation of the
business establishment involved may be placed in evidence by the
defendant on the question of intent to violate this law. Undeveloped
photographs, molds, printing plates, and the like shall be deemed
obscene notwithstanding that processing or other acts may be
required to make the obscenity patent or to disseminate it. (b) Material is obscene if: (1) To the average person, applying contemporary community
standards, taken as a whole, it predominantly appeals to the
prurient interest, that is, a shameful or morbid interest in
nudity, sex, or excretion; (2) The material taken as a whole lacks serious literary,
artistic, political, or scientific value; and (3) The material depicts or describes, in a patently offensive
way, sexual conduct specifically defined in subparagraphs (A)
through (E) of this paragraph: (A) Acts of sexual intercourse, heterosexual or homosexual,
normal or perverted, actual or simulated; (B) Acts of masturbation; (C) Acts involving excretory functions or lewd exhibition of the
genitals; (D) Acts of bestiality or the fondling of sex organs of animals;
or (E) Sexual acts of flagellation, torture, or other violence
indicating a sadomasochistic sexual relationship. (c) Any device designed or marketed as useful primarily for the
stimulation of human genital organs is obscene material under this
Code section. (d) Material not otherwise obscene may be obscene under this Code
section if the distribution thereof, the offer to do so, or the
possession with the intent to do so is a commercial exploitation of
erotica solely for the sake of their prurient appeal. (e) 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. (f) A person who commits the offense of distributing obscene
material shall be guilty of a misdemeanor of a high and aggravated
nature. |