650:1 Definitions. – In this chapter: I. "Disseminate" means to import, publish, produce, print, manufacture, distribute, sell, lease, exhibit or display. II. "Knowledge" means general awareness of the nature of the content of the material. III. "Material" means any printed matter, visual representation, live performance or sound recording including, but not limited to, books, […]
650:2 Offenses. – I. A person is guilty of a misdemeanor if he commits obscenity when, with knowledge of the nature of content thereof, he: (a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene material; or (b) Presents or directs an obscene play, dance or performance, or […]
650:3 Exemption. – A motion picture projectionist or motion picture machine operator who is regularly employed by anybody to operate a projecting machine in a public motion picture theatre shall not be guilty of a violation under this chapter because of the picture which is being projected if he is required to project it […]
650:4 Justifiable and Non-Commercial Private Dissemination. – It is an affirmative defense to prosecution under this chapter that dissemination was restricted to: I. Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or II. Non-commercial dissemination to personal associates of the accused who are not under 18 years […]
650:5 Evidence; Adjudication of Obscenity. – In any prosecution under this chapter, evidence shall be admissible to show: I. The character of the audience for which the material was designed or to which it was directed; II. What the predominant appeal of the material would be for ordinary adults or any special audience to […]
650:6 Preliminary Hearing. – I. No recognized or established school, museum, public library or governmental agency, nor any person acting as an employee or agent of such institution, shall be arrested, charged or indicted for any violation of a provision of this chapter until such time as the material involved has first been the […]
