17 §2913. Exhibiting obscene motion pictures to minors at outdoor motion picture theaters
Title 17: CRIMES
Chapter 93-A: OBSCENITY
§2913. Exhibiting obscene motion pictures to minors at outdoor motion picture theaters
1. Definitions. For purposes of this section, unless the context indicates otherwise, the following terms have the following meanings.
A. "Exhibit" means to display for viewing by the public. [1983, c. 300, §7 (NEW).]
B. "Obscene motion picture" means a motion picture which:
(1) To the average individual applying contemporary community standards with respect to what is suitable material for minors, considered as a whole, appeals to prurient interests;
(2) Depicts or describes in a patently offensive manner, ultimate sexual acts, excretory functions, masturbation or lewd exhibition of the genitals; and
(3) When considered as a whole, lacks serious literary, artistic, political or scientific value. [1983, c. 300, §7 (NEW).]
2. Exhibiting obscene motion pictures. A person is guilty of exhibiting obscene motion pictures to a minor at an outdoor motion picture theater if he knowingly exhibits an obscene motion picture declared obscene in an action to which he was a party pursuant to subsection 3, at an outdoor motion picture theater in such a manner that the exhibition is visible by minors from or in any public street, highway, sidewalk, thoroughfare, private residence or place of public accommodation.
[ 1983, c. 300, §7 (NEW) .]
3. Procedure for adjudicating obscenity. Whenever the Attorney General, or any district attorney, reasonably believes a person is exhibiting at an outdoor motion picture theater a motion picture which is obscene, he may petition the Superior Court to declare the motion picture obscene pursuant to Title 14, sections 5951 to 5963. The Attorney General, or district attorney, may join all persons he reasonably believes to be exhibiting that motion picture to minors as parties to the action. The hearing on that petition shall be held not more than 10 days from the filing of the petition.
A. Trial on the issue of obscenity shall be by jury. [1983, c. 300, §7 (NEW).]
B. Intervention by others exhibiting the same motion picture shall be freely allowed. [1983, c. 300, §7 (NEW).]
C. Determination by a court, pursuant to this subsection, that a motion picture is obscene shall not bar relitigation of that issue in a criminal prosecution under this section. [1983, c. 300, §7 (NEW).]
4. Penalty. Exhibiting obscene motion pictures to a minor at an outdoor motion picture theater is a Class D crime.
[ 1983, c. 300, §7 (NEW) .]
SECTION HISTORY
1983, c. 300, §7 (NEW).