(A) Any person who knowingly or willfully publishes, gives away, distributes, shows or offers either to sell, lend, give away, distribute, show or has in his or her possession with intent to either sell, lend, give away, distribute, show or advertise in any manner or who otherwise knowingly offers for either loan, gift, sale or distribution any obscene book, magazine, pamphlet, newspaper, phonograph record, picture, photograph, motion picture film, figure, image, wire or tape recording or any written, printed or recorded matter of a character which is distinguished or characterized by its substantial emphasis on matter depicting, describing or relating to specified sexual activities, as defined in § 34-2 and which meets the test for obscenity, as defined in § 34-4, shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 1-9 of this Code.
(B) For the purpose of this section, possession of three or more identical copies of any obscene newspaper, story paper, writing paper, phonograph record, magazine, pamphlet, book, picture, drawing, photograph, slide, motion picture film, figure, image, wire or tape recording or any written, printed or recorded matter of a character which is distinguished or characterized by its substantial emphasis on matter depicting, describing or relating to specified sexual activities, as defined in § 34-2, shall be prima facie evidence of possession with intent to sell, lend, give away, distribute or show the object.
(1978 Code, § 24-3)
Statutory reference:
Similar provisions, see M.S.A. § 28.575(1); M.C.L. § 750.343a