Mich. Comp. Laws § 752.361
Meanings of words and phrases.
For the purposes of this act, the words and phrases in sections 2 to 4 have the meanings ascribed to them in those sections.
Michigan Compiled Laws — OBSCENE MATERIAL (Act 343 of 1984)
Michigan · statute · 343 of 1984, Mich. Comp. Laws · 9 active provisions
Mich. Comp. Laws § 752.362
Definitions; C to O.
(1) "Contemporary community standards" means the customary limits of candor and decency in this state at or near the time of the alleged violation of this act. (2) "Disseminate" means to manufacture, sell, lend, rent, publish, exhibit, or lease to the public for commercial gain or to offer or agree to manufacture, sell…
Mich. Comp. Laws § 752.363
Definitions; P.
(1) "Person" means an individual, or a sole proprietorship, partnership, corporation, association, or other legal entity, or an agent or servant of an individual or legal entity. (2) "Prurient interest" means a shameful or morbid interest in nudity, sex, or excretion.
Mich. Comp. Laws § 752.364
“Sexual conduct” defined.
(1) "Sexual conduct" means 1 or more of the following: (a) Representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated. (b) Representations or descriptions of masturbation, excretory functions, or a lewd exhibition of the genitals. (2) "Simulated" means the explicit depiction or de…
Mich. Comp. Laws § 752.365
Obscenity; elements; misdemeanor; penalty; second or subsequent offense as a felony.
(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…
Mich. Comp. Laws § 752.367
Applicability of MCL 752.365.
Section 5 does not apply to the dissemination of obscene material by any of the following: (a) An individual who disseminates obscene material in the course of his or her duties as an employee of, or as a member of the board of directors of, any of the following: (i) A public or private college, university, or vocation…
Mich. Comp. Laws § 752.368
Prohibited conduct; violation as misdemeanor; penalty.
(1) A person shall not: (a) As a condition to a sale, allocation, consignment, or delivery for the resale of any paper, magazine, periodical, book, publication, or other merchandise, require or demand that the purchaser or consignee receive for resale or further commercial distribution any obscene material. (b) Deny, r…
Mich. Comp. Laws § 752.369
Action by prosecuting attorney or attorney general.
A prosecuting attorney or the attorney general may commence and prosecute an action under this act.
Mich. Comp. Laws § 752.370
Prohibited law, ordinance, or rules; exceptions.
(1) A municipality, township, village, city, or an instrumentality thereof shall not enact or enforce any law, ordinance, or rule which regulates, or intends to regulate, any matter covered by this act. (2) Subsection (1) does not apply to a zoning law, zoning ordinance, or zoning rule.