944.21 Obscene material or performance.

493 words·~2 min read·/wi/chapter-944/944-21

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

(1)The legislature intends that the authority to prosecute violations of this section shall be used primarily to combat the obscenity industry and shall never be used for harassment or censorship purposes against materials or performances having serious artistic, literary, political, educational or scientific value. The legislature further intends that the enforcement of this section shall be consistent with the first amendment to the U.S. constitution, article I, section 3 , of the Wisconsin constitution and the compelling state interest in protecting the free flow of ideas.

(2)In this section:

(a)“Community” means this state.

(am)“Exhibit” has the meaning given in s. 948.01

(1d).

(b)“Internal revenue code” has the meaning specified in s. 71.01

(6).

(c)“Obscene material” means a writing, picture, film, or other recording that:

1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;

2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and

3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.

(d)“Obscene performance” means a live exhibition before an audience which:

1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole;

2. Under contemporary community standards, describes or shows sexual conduct in a patently offensive way; and

3. Lacks serious literary, artistic, political, educational or scientific value, if taken as a whole.

(dm)“Recording” has the meaning given in s. 948.01

(3r).

(e)“Sexual conduct” means the commission of any of the following: sexual intercourse, sodomy, bestiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus or lewd exhibition of human genitals.

(f)“Wholesale transfer or distribution of obscene material” means any transfer for a valuable consideration of obscene material for purposes of resale or commercial distribution; or any distribution of obscene material for commercial exhibition. “Wholesale transfer or distribution of obscene material” does not require transfer of title to the obscene material to the purchaser, distributee or exhibitor.

(3)Whoever does any of the following with knowledge of the character and content of the material or performance and for commercial purposes is subject to the penalties under sub.

(5):

(a)Imports, prints, sells, has in his or her possession for sale, publishes, exhibits, plays, or distributes any obscene material.

(b)Produces or performs in any obscene performance.

(c)Requires, as a condition to the purchase of periodicals, that a retailer accept obscene material.

(4)Whoever does any of the following with knowledge of the character and content of the material is subject to the penalties under sub.

(5):

(a)Distributes, exhibits, or plays any obscene material to a person under the age of 18 years.

(b)Has in his or her possession with intent to distribute, exhibit, or play to a person under the age of 18 years any obscene material.