§ 5-68-407. Complaint
(a) The action authorized in § 5-68-406 is commenced by the filing of a complaint to which is attached as an exhibit a true copy of the allegedly obscene mailable matter. (b) The complaint shall: (1) Be directed against the mailable matter by name or description; (2) Allege the mailable matter’s obscene nature; (3) Designate […]
§ 5-68-205. Public display of obscenity
(a) (1) As used in this subsection: (A) “Obscene” means the same as “obscene material” defined by § 5-68-302; and (B) “Obscenity” means an obscene sticker, painting, decal, emblem, or other device that is or contains an obscene writing, description, photograph, or depiction. (2) A person commits the offense of publicly displaying an obscenity if […]
§ 5-68-408. Order to show cause
(a) Upon the filing of the complaint described in § 5-68-407, the prosecuting attorney shall present the complaint, including the exhibit to the complaint, as soon as practicable to the circuit court for its examination. (b) If there is no probable cause to believe that the mailable matter described in the complaint is obscene, the […]
§ 5-68-301. Legislative declaration
(a) The General Assembly finds and declares that: (1) The definition and regulation of obscenity are matters of statewide concern; (2) In defining and regulating obscenity, a statewide standard is workable; and (3) There is a need for clarification of the applicable law relating to the definition and regulation of obscenity. (b) (1) To this […]
§ 5-68-409. Answer — Trial date
(a) On or before the return date specified in the order to show cause, the mailable matter and each respondent may file an answer or other defense. (b) By order, the circuit court may permit any person to appear and file an answer as amicus curiae. (c) If no person files an answer or other […]
§ 5-68-302. Definitions
As used in this subchapter: (1) “Advertising purposes” means a purpose of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment; (2) “Hard-core sexual conduct” means a patently offensive act, exhibition, representation, depiction, or description of: (A) […]
§ 5-68-303. Promoting obscene materials
(a) Except as otherwise provided in § 5-68-308, a person commits promoting obscene materials if he or she knowingly promotes, or has in his or her possession with intent to promote, any obscene material. (b) As used in this section, “material” means any writing, picture, motion picture, film, slide, drawing, or other visual reproduction. (c) […]
§ 5-68-304. Promoting obscene performance
(a) A person commits promoting an obscene performance if he or she knowingly: (1) Directs, manages, finances, or presents an obscene performance; or (2) Promotes any obscene performance, as owner, producer, director, manager, or performer. (b) Promoting an obscene performance is a Class D felony.
§ 5-68-305. Obscene performance at a live public show
(a) A person commits an obscene performance at a live public show if he or she knowingly: (1) Engages in an obscene performance of sadomasochistic abuse, hard-core sexual conduct, or sexual conduct in a live public show; or (2) Directs, manages, finances, or presents an obscene performance at a live public show in which a […]
§ 5-68-306. Publicly displaying obscene material for advertising purposes
(a) Except as otherwise provided in § 5-68-308, a person commits publicly displaying obscene material for advertising purposes if, for advertising purposes, he or she knowingly: (1) Displays publicly or causes to be displayed publicly obscene material; or (2) Permits any display of obscene material on premises owned, rented, or operated by him or her. […]