2.__Promotion of obscenity.__A person is guilty of promotion of obscenity if, knowing its content and character, the person:

A.__Promotes or possesses obscene material or an obscene device with the intent to promote that material or obscene device; or

B.__Produces, presents, directs or participates in an obscene performance or a portion of a performance that is obscene or contributes to the performance's obscenity.

Promotion of obscenity is a Class E crime.

3.__Wholesale promotion of obscenity.__A person is guilty of wholesale promotion of obscenity if, knowing its content and character, the person wholesale promotes or possesses with the intent to wholesale promote obscene material or an obscene device.

Wholesale promotion of obscenity is a Class D crime.

4.__Presumptions.__A person is presumed to act with knowledge of the content and character of obscene material or an obscene device if the person promotes or wholesale promotes obscenity or possesses obscene material or an obscene device with the intent to promote or wholesale promote it in the course of the person's business.

A person who possesses 6 or more identical or similar obscene materials or devices is presumed to possess them with the intent to promote them.

5.__Affirmative defense.__It is an affirmative defense to prosecution under this section that the person who possesses or promotes obscene material or an obscene device does so for a bona fide medical, psychiatric, educational, scientific, governmental or law enforcement purpose.

6.__Validity.__If a court of competent jurisdiction declares that a depiction or description of sexual conduct is unlawfully included in this section, that declaration does not invalidate this section with regard to the other sexual conduct that is depicted or described.

SUMMARY

This bill creates the crimes of promotion of obscenity and wholesale promotion of obscenity.