§ 18-7-102 — Obscenity

(1) (a) Except as otherwise provided in subsection (1.5)
of this section, a person commits wholesale promotion of obscenity if, knowing its
content and character, such person wholesale promotes or possesses with intent to
wholesale promote any obscene material.

(b) Wholesale promotion of obscenity is a class 1 misdemeanor.

(1.5) (a) A person commits wholesale promotion of obscenity to a minor if,
knowing its content and character, such person wholesale promotes to a minor or
possesses with intent to wholesale promote to a minor any obscene material.

(b) Wholesale promotion of obscenity to a minor is a class 6 felony.

(2) (a) Except as otherwise provided in subsection (2.5) of this section, a
person commits promotion of obscenity if, knowing its content and character, such
person:

(I) Promotes or possesses with intent to promote any obscene material; or

(II) Produces, presents, or directs an obscene performance or participates in
a portion thereof that is obscene or that contributes to its obscenity.

(b) Promotion of obscenity is a class 2 misdemeanor.

(2.5) (a) A person commits promotion of obscenity to a minor if, knowing its
content and character, such person:

(I) Promotes to a minor or possesses with intent to promote to a minor any
obscene material; or

(II) Produces, presents, or directs an obscene performance involving a minor
or participates in a portion thereof that is obscene or that contributes to its
obscenity.

(b) Promotion of obscenity to a minor is a class 6 felony.

(3) Repealed.

(4) A person who possesses six or more identical obscene materials is
presumed to possess them with intent to promote the same.

(5) This section does not apply to a person who possesses or distributes
obscene material or participates in conduct otherwise proscribed by this section
when the possession, participation, or conduct occurs in the course of law
enforcement activities.

(6) This section does not apply to a person's conduct otherwise proscribed
by this section which occurs in that person's residence as long as that person does
not engage in the wholesale promotion or promotion of obscene material in his
residence.

Legislative History

Source: L. 81: Entire part R&RE, p. 999, � 1, effective July 1. L. 83: (5) and (6) amended, p. 2048, � 4, effective October 14. L. 86: (1)(a), (2)(a)(I), (4), and (5) amended and (3) repealed, pp. 782, 785, �� 2, 8, effective April 21. L. 94: (1) and (2) amended and (1.5) and (2.5) added, p. 1720, � 17, effective July 1.