§712-1211 Displaying indecent matter. (1) A person commits the offense of displaying indecent matter if the person knowingly or recklessly displays on any sign, billboard, or other object visible from any street, highway, or public sidewalk, a photograph, drawing, sculpture, or similar visual representation of any person of the age of puberty or older:
(a) Which reveals the person with less than a fully opaque covering over his or her genitals, pubic area, or buttocks, or depicting the person in a state of sexual excitement or engaged in an act of sexual conduct or sadomasochistic abuse; and
(b) Which is presented in such a manner as to exploit lust; and
(c) Which lacks serious literary, artistic, political, or scientific value.
(2) Displaying indecent material is a petty misdemeanor. [L 1972, c 9, pt of §1; am L 1981, c 106, §2; am L 1982, c 147, §26; gen ch 1993]
Cross References
Prima facie evidence, see §701-117.
COMMENTARY ON §712-1213
This section is derived from the proposed statute in Richard Kuh's influential book on pornography.[1] The purpose of the section is to ease the burden on the prosecutor of making a prima facie case on the issue of mens rea in cases involving violation of §712-1211. It makes proof of a prohibited display prima facie evidence of the requisite state of mind; however, it does not change the prosecutor's ultimate burden of proof beyond a reasonable doubt.
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§712-1213 Commentary:
1. Kuh, Foolish Figleaves? 267 (1967).