§ 14-190.1. Obscene literature and exhibitions.
§14‑190.1. Obscene literature and exhibitions.
(a) It shall beunlawful for any person, firm or corporation to intentionally disseminateobscenity. A person, firm or corporation disseminates obscenity within themeaning of this Article if he or it:
(1) Sells, delivers orprovides or offers or agrees to sell, deliver or provide any obscene writing,picture, record or other representation or embodiment of the obscene; or
(2) Presents or directsan obscene play, dance or other performance or participates directly in thatportion thereof which makes it obscene; or
(3) Publishes, exhibitsor otherwise makes available anything obscene; or
(4) Exhibits, presents,rents, sells, delivers or provides; or offers or agrees to exhibit, present,rent or to provide: any obscene still or motion picture, film, filmstrip, orprojection slide, or sound recording, sound tape, or sound track, or any matteror material of whatever form which is a representation, embodiment,performance, or publication of the obscene.
(b) For purposes ofthis Article any material is obscene if:
(1) The material depictsor describes in a patently offensive way sexual conduct specifically defined bysubsection (c) of this section; and
(2) The average personapplying contemporary community standards relating to the depiction ordescription of sexual matters would find that the material taken as a wholeappeals to the prurient interest in sex; and
(3) The material lacksserious literary, artistic, political, or scientific value; and
(4) The material as usedis not protected or privileged under the Constitution of the United States orthe Constitution of North Carolina.
(c) As used in thisArticle, "sexual conduct" means:
(1) Vaginal, anal, ororal intercourse, whether actual or simulated, normal or perverted; or
(2) Masturbation,excretory functions, or lewd exhibition of uncovered genitals; or
(3) An act or conditionthat depicts torture, physical restraint by being fettered or bound, orflagellation of or by a nude person or a person clad in undergarments or inrevealing or bizarre costume.
(d) Obscenity shall bejudged with reference to ordinary adults except that it shall be judged withreference to children or other especially susceptible audiences if it appearsfrom the character of the material or the circumstances of its dissemination tobe especially designed for or directed to such children or audiences.
(e) It shall beunlawful for any person, firm or corporation to knowingly and intentionallycreate, buy, procure or possess obscene material with the purpose and intent ofdisseminating it unlawfully.
(f) It shall beunlawful for a person, firm or corporation to advertise or otherwise promotethe sale of material represented or held out by said person, firm orcorporation as obscene.
(g) Violation of thissection is a Class I felony.
(h) Obscene materialdisseminated, procured, or promoted in violation of this section is contraband.
(i) Nothing in thissection shall be deemed to preempt local government regulation of the locationor operation of sexually oriented businesses to the extent consistent with theconstitutional protection afforded free speech. (1971, c. 405, s. 1; 1973, c.1434, s. 1; 1985, c. 703, s. 1; 1993, c. 539, s. 1194; 1994, Ex. Sess., c. 24,s. 14(c); 1998‑46, s. 2.)