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/* The Model Penal Code (MPC) is arguably the most important work on criminal law in the past 30 years. This Model Code has been used as the basis of many state's criminal codes. New Jersey and Pennsylvania have adopted the MPC as their criminal code. However, sections of the MPC or slight re-writes are used by virtually every state. The MPC's prohibition on "obscenity" and distribution of obscenity follows. */ Section 251.4. Obscenity. (1) Obscene Defined. Material is obscene if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest, in nudity, sex or excretion, and if in addition it goes substantially beyond customary limits of candor in describing or representing such matters. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience. Undeveloped photographs, molds, printing plates, and the like, shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it. (2) Offenses. Subject to the affirmative defenses provided in Subsection (3), a person commits a misdemeanor if he knowingly or recklessly: (a) sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene writing, picture, records or other representation or embodiment of the obscene; or (b) presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes its obscene; or (c) publishes, exhibits or otherwise makes available any obscene material; or (d) possesses any obscene material for purposes of sale or other commercial dissemination; or (e) sells, advertises or otherwise commercially disseminates material, whether or not obscene, by representing or suggesting that it is obscene. A person who disseminates or possesses obscene material in the course of his business is presumed to do so knowingly or recklessly. (3) Justifiable and Non-Commercial Private Dissemination. It is an affirmative defense to prosecution under this Section that dissemination was restricted to: (a) institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or (b) non-commercial dissemination to personal associates of the actor. /* Okay, so something is "obscene." It is nevertheless permissible to distribute it to "personal associates" if there is no commercial element to the distribution. Accordingly, in MPC or MPC based states, a not for profit BBS could distribute even items that are ""obscene"" among ""personal associates." This is the "live and let live: exception to the law. The document generator contains a form for persons to apply for access to an adult area. The form requires that the users do not commercially exploit the pictures they receive. */ (4) Evidence; Adjudication of Obscenity. In any prosecution under this Section evidence shall be admissible to show: (a) the character of the audience for which the material was designed or to which it was directed; (b) what the predominant appeal of the material would be for ordinary adults or any special audience to which it was directed, and what effect, if any, it would probably have on conduct of such people; (c) artistic, literary, scientific, educational or other merits of the material; (d) the degree of public acceptance of the material in the United States; (e) appeal to the prurient interest, or absence thereof, in advertising or other promotion of the material; and (f) the good repute of the author, creator, publisher or other person from whom the material originated. Expert testimony and testimony of the author, creator, publisher or other person from whom the material originated, relating to factors entering into the determination of the issue of obscenity, shall be admissible. The Court shall dismiss a prosecution for obscenity if it is satisfied that the material is not obscene. Downloaded From P-80 International Information Systems 304-744-2253