§ 5-68-405 — Possession, sale, or distribution

(a) A person that knowingly sends or causes to be sent or brings or causes to be brought into this state for sale or commercial distribution, or in this state prepares, publishes, sells, exhibits, loans at a library, or commercially distributes, or gives away or offers to give away or has in the person's possession with the purpose to sell or commercially distribute or to exhibit or to give away, obscene printed or written matter or material other than mailable matter, or any mailable matter known by the person to have been judicially found to be obscene under this subchapter, or that knowingly informs another of when, where, how, or from whom or by what means any of these things can be purchased or obtained, upon conviction is guilty of a Class D felony. (b) A person that knowingly has in the person's possession obscene printed or written matter or material other than mailable matter, or any mailable matter known by that person to have been judicially found to be obscene under this subchapter, upon conviction is guilty of a Class A misdemeanor.

Legislative History

Amended by Act 2023, No. 372,§ 3, eff. 8/1/2023. Acts 1961, No. 261, § 4; A.S.A. 1947, § 41-3565; Acts 2005, No. 1994, § 430.