21-4301a. Promoting obscenity to minors.
21-4301a
21-4301a. Promoting obscenity to minors.(a) Promoting obscenity to minors is promoting obscenity,as defined by K.S.A. 21-4301 and amendmentsthereto, where therecipient of the obscene material or obscene device or a member of the audienceof an obscene performance is a child under the age of 18 years.
(b) Notwithstanding the provisions of K.S.A. 21-3202 andamendments thereto to thecontrary, it shall be an affirmative defense to any prosecution underthis section that:
(1) The defendant had reasonable cause to believe that the minorinvolved was 18 years old or over, and such minor exhibitedto the defendant a draft card, driver's license, birth certificate orother official or apparently official document purporting to establishthat such minor was 18 years old or more.
(2) The allegedly obscene material was purchased, leased orotherwise acquired by a public, private or parochial school, college oruniversity, and that such material was either sold, leased, distributedor disseminated by a teacher, instructor, professor or other facultymember or administrator of such school as part of or incident to anapproved course or program of instruction at such school.
(3) The defendant is an officer, director, trustee or employeeof a publiclibrary and the allegedly obscene material was acquired by a public libraryand was disseminated in accordance with regular library policies approvedby its governing body.
(4) An exhibition in a state of nudity is for a bona fidescientific ormedical purpose, or for an educational or cultural purpose for a bona fideschool, museum or library.
(c) (1) Promoting obscenity to minors is a class A nonperson misdemeanoron conviction of the first offense.
(2) Promoting obscenity to minors is a severity level 8, person felony onconviction of a second or subsequent offense.
(3) Conviction of a violation ofa municipal ordinance prohibiting acts which constitute promoting obscenityto minors shall be considered a conviction of promoting obscenity to minorsfor the purpose of determining the number of prior convictions and theclassification of the crime under this section.
(d) Upon any conviction of promoting obscenity to minors, the courtmay require, in addition to any fine or imprisonment imposed, that thedefendant enter into a reasonable recognizance with good and sufficientsurety, in such sum as the court may direct, but not to exceed $50,000,conditioned that, in the eventthe defendant is convicted of a subsequent offense of promotingobscenity to minors within two years after such conviction, thedefendant shall forfeit the recognizance.
(e) This section shall be a part of and supplemental to theKansas criminal code.
History: L. 1970, ch. 128, § 2; L. 1976, ch. 159, § 2; L. 1980,ch. 98, § 3;L. 1986, ch. 121, § 4;L. 1992, ch. 239, § 211;L. 1993, ch. 291, § 159;L. 1994, ch. 291, § 43; July 1.