TITLE LXII
CRIMINAL CODE

CHAPTER 650
OBSCENE MATTER

General Provisions

Section 650:5

    650:5 Evidence; Adjudication of Obscenity. –
In any prosecution under this chapter, evidence shall be admissible to show:
I. The character of the audience for which the material was designed or to which it was directed;
II. What the predominant appeal of the material would be for ordinary adults or any special audience to which it was directed;
III. The degree of public acceptance of the material in this state;
IV. Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material; and
V. The good repute of the author, creator, publisher or other person from whom the material originated;
VI. Expert testimony and testimony of the author, creator, publisher or other person from whom the material originated, relating to factors entering into determination of the issue of obscenity.

Source. 1971, 518:1. 1976, 46:5, eff. June 1, 1976.