76-5c-102. Evidence related to a material's or performance's literary, artistic, political, or scientific value.
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Effective 5/6/2026
76-5c-102. Evidence related to a material's or performance's literary, artistic, political, or scientific value.
(1)In a prosecution under this chapter, where circumstances of production, presentation, sale, dissemination, distribution, exhibition, or publicity indicate that the matter is being commercially exploited by the actor for the sake of the matter's prurient appeal, this evidence is probative with respect to the nature of the matter and can justify the conclusion that, in the context in which the matter is used, the matter has no serious literary, artistic, political, or scientific value.
(2)In a prosecution under this chapter neither the prosecution or the defense is required to introduce expert witness testimony to testify as to whether a material or performance is or is not harmful to adults or minors or is or is not pornographic or obscene animal abuse material, or as to any element of the definition of pornographic or obscene animal abuse material, including contemporary community standards.
Amended by Chapter 255 , 2026 General Session