(1) (a) Except as otherwise provided in subsection (1.5) of this section, a person commits wholesale promotion of obscenity if, knowing its content and character, such person wholesale promotes or possesses with intent to wholesale promote any obscene material.
(b) Wholesale promotion of obscenity is a class 1 misdemeanor.
(1.5) (a) A person commits wholesale promotion of obscenity to a minor if, knowing its content and character, such person wholesale promotes to a minor or possesses with intent to wholesale promote to a minor any obscene material.
(b) Wholesale promotion of obscenity to a minor is a class 6 felony.
(2) (a) Except as otherwise provided in subsection (2.5) of this section, a person commits promotion of obscenity if, knowing its content and character, such person:
Promotes or possesses with intent to promote any obscene material; or
Produces, presents, or directs an obscene performance or participates in a portionthereof that is obscene or that contributes to its obscenity.
(b) Promotion of obscenity is a class 2 misdemeanor.
(2.5) (a) A person commits promotion of obscenity to a minor if, knowing its content and character, such person:
Promotes to a minor or possesses with intent to promote to a minor any obscenematerial; or
Produces, presents, or directs an obscene performance involving a minor or participates in a portion thereof that is obscene or that contributes to its obscenity. (b) Promotion of obscenity to a minor is a class 6 felony.
Repealed.
A person who possesses six or more identical obscene materials is presumed to possess them with intent to promote the same.
This section does not apply to a person who possesses or distributes obscene materialor participates in conduct otherwise proscribed by this section when the possession, participation, or conduct occurs in the course of law enforcement activities.
This section does not apply to a person's conduct otherwise proscribed by this sectionwhich occurs in that person's residence as long as that person does not engage in the wholesale promotion or promotion of obscene material in his residence.
Source: L. 81: Entire part R&RE, p. 999, § 1, effective July 1. L. 83: (5) and (6) amended, p. 2048, § 4, effective October 14. L. 86: (1)(a), (2)(a)(I), (4), and (5) amended and (3) repealed, pp. 782, 785, §§ 2, 8, effective April 21. L. 94: (1) and (2) amended and (1.5) and (2.5) added, p. 1720, § 17, effective July 1.
Editor's note: This section is similar to former §§ 18-7-103, 18-7-104, 18-7-105, and 187-106 as they existed prior to 1981.