2006 Kansas Code - 21-4301a

      21-4301a.   Promoting obscenity to minors. (a) Promoting obscenity to minors is promoting obscenity, as defined by K.S.A. 21-4301 and amendments thereto, where the recipient of the obscene material or obscene device or a member of the audience of an obscene performance is a child under the age of 18 years.

      (b)   Notwithstanding the provisions of K.S.A. 21-3202 and amendments thereto to the contrary, it shall be an affirmative defense to any prosecution under this section that:

      (1)   The defendant had reasonable cause to believe that the minor involved was 18 years old or over, and such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 18 years old or more.

      (2)   The allegedly obscene material was purchased, leased or otherwise acquired by a public, private or parochial school, college or university, and that such material was either sold, leased, distributed or disseminated by a teacher, instructor, professor or other faculty member or administrator of such school as part of or incident to an approved course or program of instruction at such school.

      (3)   The defendant is an officer, director, trustee or employee of a public library and the allegedly obscene material was acquired by a public library and was disseminated in accordance with regular library policies approved by its governing body.

      (4)   An exhibition in a state of nudity is for a bona fide scientific or medical purpose, or for an educational or cultural purpose for a bona fide school, museum or library.

      (c) (1)   Promoting obscenity to minors is a class A nonperson misdemeanor on conviction of the first offense.

      (2)   Promoting obscenity to minors is a severity level 8, person felony on conviction of a second or subsequent offense.

      (3)   Conviction of a violation of a municipal ordinance prohibiting acts which constitute promoting obscenity to minors shall be considered a conviction of promoting obscenity to minors for the purpose of determining the number of prior convictions and the classification of the crime under this section.

      (d)   Upon any conviction of promoting obscenity to minors, the court may require, in addition to any fine or imprisonment imposed, that the defendant enter into a reasonable recognizance with good and sufficient surety, in such sum as the court may direct, but not to exceed $50,000, conditioned that, in the event the defendant is convicted of a subsequent offense of promoting obscenity to minors within two years after such conviction, the defendant shall forfeit the recognizance.

      (e)   This section shall be a part of and supplemental to the Kansas criminal code.

      History:   L. 1970, ch. 128, § 2; L. 1976, ch. 159, § 2; L. 1980, ch. 98, § 3; L. 1986, ch. 121, § 4; L. 1992, ch. 239, § 211; L. 1993, ch. 291, § 159; L. 1994, ch. 291, § 43; July 1.

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