752.362 Definitions; C to O.

303 words·~1 min read·/mi/chapter-752/752-362

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 2.

(1)"Contemporary community standards" means the customary limits of candor and decency in this state at or near the time of the alleged violation of this act.

(2)"Disseminate" means to manufacture, sell, lend, rent, publish, exhibit, or lease to the public for commercial gain or to offer or agree to manufacture, sell, lend, rent, publish, exhibit, or lease to the public for commercial gain.

(3)"Knowledge of content and character" means having general knowledge of the nature and character of the material involved. Knowledge of content and character may be proven by direct evidence or by circumstantial evidence, or both.

(4)"Material" means anything tangible that is capable of being used or adapted to arouse prurient interest, whether through the medium of reading, observation, sound, or in any other manner, including but not limited to, anything printed or written, any book, magazine, newspaper, pamphlet, picture, drawing, pictorial representation, motion picture, photograph, video tape, video disk, film, transparency, slide, audiotape, audiodisk, computer tape, or any other medium used to electronically produce or reproduce images on a screen, or any mechanical, chemical, or electronic reproduction. Material includes undeveloped photographs, molds, printing plates, and other latent representational objects whether or not processing or other acts are required to make the content of the material apparent.

(5)"Obscene" means any material that meets all of the following criteria:

(a)The average individual, applying contemporary community standards, would find the material, taken as a whole, appeals to the prurient interest.

(b)The reasonable person would find the material, taken as a whole, lacks serious literary, artistic, political, or scientific value.

(c)The material depicts or describes sexual conduct in a patently offensive way.

History: 1984, Act 343, Eff. Mar. 29, 1985 ;-- Am. 1992, Act 216, Eff. Mar. 31, 1993