OBSCENE MATERIAL
Act 343 of 1984
752.365 Obscenity; elements; misdemeanor; penalty; second or subsequent offense as a felony.
Sec. 5.
(1) A person is guilty of obscenity when, knowing the content and character of the material, the person disseminates, or possesses with intent to disseminate, any obscene material.
(2) Obscenity is a misdemeanor, punishable by imprisonment for not more than 1 year, or by a fine of not more than $100,000.00, or both.
(3) A person convicted of a second or subsequent offense under this section is guilty of a felony and may be imprisoned for not more than 2 years, and shall be fined not less than $50,000.00 or more than $5,000,000.00. For purposes of this section, an offense is considered a second or subsequent offense if the defendant has previously been convicted under this section or under any similar statute of the United States or of any state.
History: 1984, Act 343, Eff. Mar. 29, 1985 ;-- Am. 1992, Act 216, Eff. Mar. 31, 1993
Notes of Decisions
Cited in
3
cases, 1994–2008 · leading case:
People v. Althoff, 760 N.W.2d 764 (Mich. Ct. App. 2008).
People v. Althoff, 760 N.W.2d 764 (Mich. Ct. App. 2008).
· cites it 3× “Defendant Ryan Derrek Althoff pleaded guilty of possession with intent to disseminate obscene material, MCL 752.365. He subsequently appealed the December 22, 2004, trial court order requiring him to register as a sex offender pursuant to the Sex Offenders Registration Act…”
People v. F P Books & News, Inc., 533 N.W.2d 362 (Mich. Ct. App. 1995).
· cites it 2× “Defendants were charged with several counts of first-degree obscenity, MCL 752.365; MSA 28.579(365). However, these criminal charges subsequently were dismissed by the trial court on the basis of its finding that the Michigan criminal obscenity statute, MCL 752.”
People v. F P Books & News, Inc., 520 N.W.2d 346 (Mich. Ct. App. 1994).
· cites it 3× “Defendants were charged with sev *79 eral counts of first-degree obscenity, MCL 752.365; MSA 28.579(365). The criminal charges, however, were dismissed subsequently by the district court on the basis of its finding that the Michigan criminal obscenity act, MCL 752.”
— Mich. Comp. Laws § 752.365(1) — 1 case
People v. F P Books & News, Inc., 520 N.W.2d 346 (Mich. Ct. App. 1994).
“Defendants were charged with sev *79 eral counts of first-degree obscenity, MCL 752.365; MSA 28.579(365). The criminal charges, however, were dismissed subsequently by the district court on the basis of its finding that the Michigan criminal obscenity act, MCL 752.”
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