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.
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