Section 752.365 - Obscenity; elements; misdemeanor; penalty; second or subsequent offense as a felony.
OBSCENE MATERIAL (EXCERPT)
Act 343 of 1984
752.365 Obscenity; elements; misdemeanor; penalty; second or subsequent offense as a felony.
Sec. 5.
(1) A person is guilty of obscenity when, knowing the content and character of the material, the person disseminates, or possesses with intent to disseminate, any obscene material.
(2) Obscenity is a misdemeanor, punishable by imprisonment for not more than 1 year, or by a fine of not more than $100,000.00, or both.
(3) A person convicted of a second or subsequent offense under this section is guilty of a felony and may be imprisoned for not more than 2 years, and shall be fined not less than $50,000.00 or more than $5,000,000.00. For purposes of this section, an offense is considered a second or subsequent offense if the defendant has previously been convicted under this section or under any similar statute of the United States or of any state.
History: 1984, Act 343, Eff. Mar. 29, 1985 ;-- Am. 1992, Act 216, Eff. Mar. 31, 1993