§ 11-31-1. Circulation of obscene publications and shows.
(a) Every person who willfully or knowingly promotes for the purpose of commercial gain
within the community any show, motion picture, performance, photograph, book, magazine,
or other material which is obscene shall, upon conviction, be punished by a fine of
not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000),
or by imprisonment for not more than two (2) years, or both.
(b) For the purpose of this section:
(1) In determining whether or not a show, motion picture, performance, photograph, book,
magazine, or other material is obscene the trier of the fact must find:
(i) That the average person, applying contemporary community standards, would find that
the work, taken as a whole, appeals to the prurient interest;
(ii) That the work taken as a whole, clearly depicts or describes, in a patently offensive
way, sexual conduct specifically defined by this chapter; and
(iii) That the work, taken as a whole, clearly lacks serious literary, artistic, educational,
political, or scientific value.
(2) "Community standards� means the geographical area of the state of Rhode Island.
(3) "Knowingly� means having knowledge of the character and content of the material or
failure on notice to exercise reasonable inspection which would disclose the content
and character of it.
(4) "Material� means anything tangible which is capable of being used or adapted to arouse
prurient interest through the medium of reading, or observation.
(5) "Patently offensive� means so offensive on its face as to affront current standards
of decency.
(6) "Performance� means any play, motion picture, dance, or other exhibition performed
before an audience.
(7) "Promote� means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer,
transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise
or to offer or agree to do it for resale.
(8) "Sexual conduct� means:
(i) An act of sexual intercourse, normal or perverted, actual or simulated, including
genital-genital, anal-genital, or oral-genital intercourse, whether between human
beings or between a human being and an animal.
(ii) Sado-masochistic abuse, meaning flagellation or torture by or upon a person in an
act of apparent sexual stimulation or gratification.
(iii) Masturbation, excretory functions, and lewd exhibitions of the genitals.
(9) "Standards of decency� means community standards of decency.
(c) If any of the depictions and descriptions of sexual conduct described in this section
are declared by a court of competent jurisdiction to be unlawfully included because
the depictions or descriptions are constitutionally protected or for any other reason,
that declaration shall not invalidate this chapter as to other sexual conduct included
in this chapter.