Sec. 1. 17-A MRSA c. 36 is enacted to read:

CHAPTER 36

OBSCENITY

§871.__Obscenity

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Material" means anything tangible that can be used to arouse interest through reading, observation, sound or other medium.__The term does not include an obscene device.

B.__"Obscene" means material or a performance that:

(1)__To the average person applying contemporary community standards, considered as a whole, appeals to the prurient interest in sex;

(2)__Depicts or describes, in a patently offensive way, actual or simulated sexual acts described in section 251, subsection 1, paragraph C, masturbation, sadism, masochism, excretory functions or lewd exhibition of the genitals; and

(3)__Considered as a whole, lacks serious literary, artistic, political or scientific value.

C.__"Obscene device" means a 3-dimensional object, such as a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.

D.__"Patently offensive" means so offensive on its face as to affront contemporary community standards of decency.

E.__"Performance" means a play, motion picture, dance or other exhibition performed before an audience.

F.__"Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer or agree to engage in one or more of those activities.

G.__"Wholesale promote" means to manufacture, issue, sell,