An obscenity charge alleges that a person either:

(1) Sells, delivers, or provides (or offers to sell, deliver, or provide) obscene material;

(2) presents an obscene performance (e.g. a play or dance);

(3) publishes or otherwise makes available anything obscene;

(4) performs or presents an obscene act for gain (e.g., money);

(5) creates, buys, procures, or possesses obscene material with an intent to disseminate it; or

(6) advertises or promotes the sale of material that is held out to him/her as obscene (regardless of whether or not it is actually obscene).


A first time obscenity charge is usually a Class A Misdemeanor. Any subsequent offenses are Class 4 felonies.

If you have been charged with a crime, contact the Criminal Defense Group, LLP.  The criminal court system is complex.  Hiring a qualified lawyer will make a stressful time much more manageable.