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(1) A person commits the offense of obscenity when, with knowledge of the obscene nature of the material, the person purposely or knowingly:
(a) sells, delivers, or provides or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene to anyone under 18 years of age;
(b) presents or directs an obscene play, dance, or other performance, or participates in that portion of the performance that makes it obscene, to anyone under 18 years of age;
(c) publishes, exhibits, or otherwise makes available anything obscene to anyone under 18 years of age;
(d) performs an obscene act or otherwise presents an obscene exhibition of the person's body to anyone under 18 years of age;
(e) creates, buys, procures, or possesses obscene matter or material with the purpose to disseminate it to anyone under 18 years of age; or
(f) advertises or otherwise promotes the sale of obscene material or materials represented or held out by the person to be obscene.
(2) A thing is obscene if:
(a)(i) it is a representation or description of perverted ultimate sexual acts, actual or simulated;
(ii) it is a patently offensive representation or description of normal ultimate sexual acts, actual or simulated; or
(iii) it is a patently offensive representation or description of masturbation, excretory functions, or lewd exhibition of the genitals; and
(b) taken as a whole the material:
(i) applying contemporary community standards, appeals to the prurient interest in sex;
(ii) portrays conduct described in subsection (2)(a)(i), (2)(a)(ii), or (2)(a)(iii) in a patently offensive way; and
(iii) lacks serious literary, artistic, political, or scientific value.
(3) In any prosecution for an offense under this section, evidence is admissible to show:
(a) the predominant appeal of the material and what effect, if any, it would probably have on the behavior of people;
(b) the artistic, literary, scientific, educational, or other merits of the material;
(c) the degree of public acceptance of the material in the community;
(d) the appeal to prurient interest or absence of that appeal in advertising or other promotion of the material; or
(e) the purpose of the author, creator, publisher, or disseminator.
(4) A person convicted of obscenity shall be fined at least $500 but not more than $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(5) Cities, towns, or counties may adopt ordinances or resolutions that are more restrictive as to obscenity than the provisions of
45-8-206 and this section.
§ 45-8-201, MCA
En. 94-8-110 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 407, L. 1975; R.C.M. 1947, 94-8-110; amd. Sec. 1, I.M. 79, app. 11/7/1978; amd. Sec. 5, Ch. 571, L. 1989; amd. Sec. 1702, Ch. 56, L. 2009.
