South Dakota § 23A-36-8 Expert testimony not required in obscenity hearing--Evidence of community standards.

South Dakota Statutes

§ 23A-36-8 — Expert testimony not required in obscenity hearing--Evidence of community standards.

South Dakota § 23A-36-8

Title 23ACRIMINAL PROCEDURE

Ch. 23A-36SEIZURE AND DISPOSITION OF OBSCENE MATERIAL

This text of South Dakota § 23A-36-8 (Expert testimony not required in obscenity hearing--Evidence of community standards.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-36-8 (2026).

Text

In the prosecution for a violation of the provisions of this chapter, neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the obscene or harmful character of the matter which is the subject of any such prosecution. Any evidence which tends to establish contemporary community standards of appeal to prurient interest or of customary limits of candor in the description or representation of nudity, sex, or excretion, or which bears upon the question of serious literary, artistic, political, or scientific value shall be admissible when offered by either the prosecution or the defense.

Free access — add to your briefcase to read the full text and ask questions with AI

In the prosecution for a violation of the provisions of this chapter, neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the obscene or harmful character of the matter which is the subject of any such prosecution. Any evidence which tends to establish contemporary community standards of appeal to prurient interest or of customary limits of candor in the description or representation of nudity, sex, or excretion, or which bears upon the question of serious literary, artistic, political, or scientific value shall be admissible when offered by either the prosecution or the defense.