§ 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. (b) "Displays publicly" means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare or a vehicle on a public thoroughfare. (c) Publicly displaying obscene material for advertising purposes is a Class B misdemeanor. (d) In any prosecution for violation of this section, it is an affirmative defense for the defendant to prove that the public display was: (1) Primarily for artistic purposes or as a public service even though in connection with a commercial venture; or (2) Of nudity, exhibited by a bona fide art, antique, or similar gallery or exhibition and visible in a normal display setting.

Legislative History

Acts 1981 (Ex. Sess.), No. 28, § 6; A.S.A. 1947, § 41-3585.5.