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
Structure Michigan Compiled Laws
Chapter 752 - Crimes and Offenses
Act 343 of 1984 - Obscene Material (752.361 - 752.374)
Section 752.361 - Meanings of Words and Phrases.
Section 752.362 - Definitions; C to O.
Section 752.363 - Definitions; P.
Section 752.364 - “Sexual Conduct” Defined.
Section 752.366 - Repealed. 1992, Act 216, Eff. Mar. 31, 1993.
Section 752.367 - Applicability of MCL 752.365.
Section 752.368 - Prohibited Conduct; Violation as Misdemeanor; Penalty.
Section 752.369 - Action by Prosecuting Attorney or Attorney General.
Section 752.370 - Prohibited Law, Ordinance, or Rules; Exceptions.
Section 752.371-752.373 - Repealed. 1992, Act 216, Eff. Mar. 31, 1993.
Section 752.374 - Repeal of MCL 750.343a to 750.343d, 750.344, 750.345, 750.345a, and 750.346.