§ 235.00 Obscenity; definitions of terms. The following definitions are applicable to sections 235.05, 235.10 and 235.15: 1. “Obscene.” Any material or performance is “obscene” if (a) 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 (b) it depicts […]
§ 235.05 Obscenity in the third degree. A person is guilty of obscenity in the third degree when, knowing its content and character, he: 1. Promotes, or possesses with intent to promote, any obscene material; or 2. Produces, presents or directs an obscene performance or participates in a portion thereof which is obscene or which […]
§ 235.06 Obscenity in the second degree. A person is guilty of obscenity in the second degree when he commits the crime of obscenity in the third degree as defined in subdivisions one and two of section 235.05 of this chapter and has been previously convicted of obscenity in the third degree. Obscenity in the […]
§ 235.07 Obscenity in the first degree. A person is guilty of obscenity in the first degree when, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote, any obscene material. Obscenity in the first degree is a class D felony.
§ 235.10 Obscenity; presumptions. 1. A person who promotes or wholesale promotes obscene material, or possesses the same with intent to promote or wholesale promote it, in the course of his business is presumed to do so with knowledge of its content and character. 2. A person who possesses six or more identical or similar […]
§ 235.15 Obscenity or disseminating indecent material to minors in the second degree; defense. 1. In any prosecution for obscenity, or disseminating indecent material to minors in the second degree in violation of subdivision three of section 235.21 of this article, it is an affirmative defense that the persons to whom allegedly obscene or indecent […]
§ 235.20 Disseminating indecent material to minors; definitions of terms. The following definitions are applicable to sections 235.21, 235.22, 235.23 and 235.24 of this article: 1. “Minor” means any person less than seventeen years old. 2. “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a […]
§ 235.21 Disseminating indecent material to minors in the second degree. A person is guilty of disseminating indecent material to minors in the second degree when: 1. With knowledge of its character and content, he sells or loans to a minor for monetary consideration: (a) Any picture, photograph, drawing, sculpture, motion picture film, or similar […]
§ 235.22 Disseminating indecent material to minors in the first degree. A person is guilty of disseminating indecent material to minors in the first degree when: 1. knowing the character and content of the communication which, in whole or in part, depicts or describes, either in words or images actual or simulated nudity, sexual conduct […]
§ 235.23 Disseminating indecent material to minors; presumption and defenses. 1. A person who engages in the conduct proscribed by section 235.21 is presumed to do so with knowledge of the character and content of the material sold or loaned, or the motion picture, show or presentation exhibited or to be exhibited. 2. In any […]
§ 235.24 Disseminating indecent material to minors; limitations. In any prosecution for disseminating indecent material to minors in the second degree pursuant to subdivision three of section 235.21 of this article or disseminating indecent material to minors in the first degree pursuant to section 235.22 of this article: 1. No person shall be held to […]
