2007 Montana Legislature

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HOUSE BILL NO. 597

INTRODUCED BY R. STOKER

 

A BILL FOR AN ACT ENTITLED: "AN ACT EXPANDING THE SCOPE OF THE LAW THAT ALLOWS CITIES, TOWNS, AND COUNTIES TO ENACT LOCAL ORDINANCES ON OBSCENITY TO MINORS THAT IS MORE RESTRICTIVE THAN STATE LAW; AND AMENDING SECTION 45-8-201, MCA."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 45-8-201, MCA, is amended to read:

     "45-8-201.  Obscenity. (1) A person commits the offense of obscenity when, with knowledge of the obscene nature thereof of the material or performance, he 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 the age of 18;

     (b)  presents or directs an obscene play, dance, or other performance, or participates in that portion thereof of the performance that which makes it obscene, to anyone under the age of 18;

     (c)  publishes, exhibits, or otherwise makes available anything obscene to anyone under the age of 18;

     (d)  performs an obscene act or otherwise presents an obscene exhibition of his the person's body to anyone under the age of 18;

     (e)  creates, buys, procures, or possesses obscene matter or material with the purpose to disseminate it to anyone under the age of 18; or

     (f)  advertises or otherwise promotes the sale of obscene material or materials represented or held out by him 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 shall be 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)  appeal to prurient interest or absence thereof in whether or not advertising or other promotion of the material appeals to a prurient interest; 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 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 which that are more restrictive as to obscenity than the provisions of 45-8-206 45-8-205 through 45-8-208 45-8-207 and this section."

- END -

 


Latest Version of HB 597 (HB0597.02)
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