ARTICLE IObscene Devices (§ 41-1 — § 41-4)
§ 41-2Promotion of devices.
§ 41-3Penalties for offenses.
§ 41-4Affirmative defenses.
For the purposes of this section, the following definitions shall apply unless the context clearly requires otherwise:
- OBSCENE DEVICE
- A device, including an artificial penis or artificial vagina, which is designed or marketed as useful primarily for the stimulation of human genital organs.
- To manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, distribute, circulate, disseminate, present or exhibit, including the offer or agreement to do any of these things, for the purpose of sale or resale.
No person shall knowingly and intentionally promote an obscene device.
Whoever commits the crime of promoting an obscene device shall be fined not exceeding $1,000 or imprisoned for not more than 30 days or both.
It shall be an affirmative defense to a violation of this article that:
A person is associated with an institution of higher learning having scientific, educational, governmental or other similar justification for having or viewing the same.
A person is authorized in writing by a licensed medical practitioner or psychiatrist to obtain the obscene device for medical or therapeutic reasons.