A person is guilty of a class 5 felony who, with knowledge of the character of the item involved, knowingly:
1. Prints, copies, manufactures, prepares, produces, or reproduces any obscene item for purposes of sale or commercial distribution.
2. Publishes, sells, rents, lends, transports or transmits in intrastate commerce, imports, sends or causes to be sent into this state for sale or commercial distribution or commercially distributes or exhibits any obscene item, or offers to do any such things.
3. Has in his possession with intent to sell, rent, lend, transport, or commercially distribute any obscene item.
4. Presents or participates in presenting the live, recorded or exhibited performance of any obscene item to the public or an audience for consideration or commercial purpose.
Notes of Decisions
Cited in
11
cases, 1979–1989 · leading case:
Polykoff v. Collins, 596 F. Supp. 584 (D. Ariz. 1984).
Polykoff v. Collins, 596 F. Supp. 584 (D. Ariz. 1984).
· cites it 28× “Under A.R.S. § 13-3502, a person who knowingly sells or offers to sell any “obscene item” is guilty of a class 6 felony.”
State v. Kamin, 725 P.2d 1104 (Ariz. 1986).
· cites it 8× “The prosecution was proceeding against Bavaro for violation of the obscenity statute, A.R.S. § 13-3502. The single issue presented is whether the grand jury in an obscenity case must view each of the allegedly obscene videotapes in its entirety before deciding whether there is…”
State v. Feld, 745 P.2d 146 (Ariz. Ct. App. 1987).
· cites it 5× “Once the civil remedies of § 13-2314 have been made inapplicable to obscenity prosecutions, to allow the use of obscenity as a predicate offense for racketeering makes no sense, because the only remaining effect is to convert conduct that is a class 6 felony under A.R.S. §…”
Dugal v. Hyder, 467 F. Supp. 1119 (D. Ariz. 1979).
· cites it 4× “A.R.S. § 13-3502 provides: A person is guilty of a class 6 felony who, knowingly: 1.”
State v. Summers, 692 S.W.2d 439 (Tenn. Crim. App. 1985).
“The penalties in Arizona, where production of obscene items is a Class 6 felony, Ariz.Rev. Stat.Ann. § 13-3502, are imprisonment for a first offense for one and one-half years, Ariz.”
State v. Lichon, 786 P.2d 1037 (Ariz. Ct. App. 1989).
“section 13-3502 (Supp.1988). The trial court designated the offense a misdemeanor and placed the defendant on probation for three years.”
Polykoff v. Collins, 816 F.2d 1326 (9th Cir. 1987).
· cites it 2× “They alleged that Ariz.Rev.Stat.Ann. § 13-3502, on its face, is unconstitutionally overbroad because the state’s definition of “prurient interest” encompasses expression protected by the first and fourteenth amendments.”
Ripplinger v. Collins, 868 F.2d 1043 (9th Cir. 1989).
“Ariz.Rev.Stat. § 13-3502 (Supp.1987) (emphasis added).”
State v. Shih Ching Lin, 787 P.2d 1111 (Ariz. Ct. App. 1985).
· cites it 8× “In this case Lin was convicted of one count of exhibition of an obscene item, a class 6 felony, in violation of A.R.S. § 13-3502. The court denied motions by Lin for acquittal and new trial.”
State v. Tovar, 627 P.2d 702 (Ariz. Ct. App. 1980).
“§ 13-532(A)(2) and (B), (now § 13-3502). The items consisted of a film entitled “SWEDISH EROTICA # 6 WET AND WILD” (Count II), and a magazine entitled “GET DOWN WITH 3” (Count III).”
State v. Bauer, 768 P.2d 175 (Ariz. Ct. App. 1988).
“§ 13-3502 (1978) (current version in Supp.”
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