§ 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 participates in that portion thereof which makes it obscene; or
(c) Publishes, exhibits or otherwise makes available any obscene material; or
(d) Possesses any obscene material for purposes of sale or other commercial dissemination; or
(e) Sells, advertises or otherwise commercially disseminates material, whether or not obscene, by representing or suggesting that it is obscene.
II. A person who commits any of the acts specified in subparagraphs (a) through (e) of paragraph I with knowledge that such act involves a child in material deemed obscene pursuant to this chapter is guilty of:
(a) A class B felony if such person has had no prior convictions in this state or another state for the conduct described in this paragraph;
(b) A class A felony if such person has had one or more prior convictions in this state or another state for the conduct described in this paragraph.
III. For the second and for each subsequent violation of paragraph I, such person shall be guilty of a class B felony.

Legislative History

1971, 518:1. 1976, 46:4. 1977, 199:2. 1983, 448:3. 1994, 60:2, eff. Jan. 1, 1995.