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(1) A person commits the offense of promoting obscene acts or materials when, with knowledge of the obscene nature thereof, he or she purposely or knowingly:

(a) Sells, delivers, or provides or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, or other representation or embodiment of the obscene to anyone under the age of 18;

(b) Presents or directs an obscene play, dance, or other performance, or participates in that portion thereof which makes it obscene, to anyone under the age of 18;

(c) Publishes, exhibits, or otherwise makes available anything obscene to anyone under the age of 18;

(d) Performs an obscene act or otherwise presents an obscene exhibition of his body to anyone under the age of 18;

(e) Creates, buys, procures, or possesses obscene matter or material with the purpose to disseminate it to anyone under the age of 18;

(f) Advertises or otherwise promotes the sale of obscene material or materials represented or held out by him to be obscene.

(2) A thing is obscene if:

(a) It is a representation or description of perverted ultimate sexual acts, actual or simulated;

(b) It is a patently offensive representation or description of masturbation, excretory functions, or lewd exhibition of the genitals; and taken as a whole, the material, applying contemporary community standards, appeals to the prurient interest in sex;

(c) Portrays conduct described in subsection (2)(a) of this section in a patently offensive way; and

(d) Lacks serious literary, artistic, political, or scientific value.

(3) In any prosecution for an offense under this section, evidence shall be admissible to show:

(a) The predominant appeal of the material and what effect, if any, it would probably have on the behavior of people;

(b) The artistic, literary, scientific, educational, or other merits of the material;

(c) The degree of public acceptance of the material in the community;

(d) Appeal to prurient interest or absence thereof in advertising or other promotion of the material; or

(e) The purpose of the author, creator, publisher, or disseminator.

(4) Promoting obscene acts or materials is a Class D offense.