Michigan Compiled Laws Act 343 Of 1984 Obscene Material (752.361 - 752.374)

AN ACT to define and prohibit the possession or dissemination of obscene material under certain circumstances; to prohibit conduct related thereto; to provide penalties; to prohibit local units of government from enacting or enforcing any law, ordinance, or rule pertaining to matters under this act; and to repeal certain acts and parts of acts.

History: 1984, Act 343, Eff. Mar. 29, 1985

Section 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....
Section 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...
Section 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...
Section 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....
Section 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...
Section 752.366 Repealed. 1992, Act 216, Eff. Mar. 31, 1993.
Compiler's Notes: The repealed section pertained to obscenity in the second degree.
Section 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...
Section 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,...
Section 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. History: 1984, Act 343, Eff. Mar. 29, 1985
Section 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...
Section 752.371-752.373 Repealed. 1992, Act 216, Eff. Mar. 31, 1993.
Compiler's Notes: The repealed sections pertained to obtaining and using an advisory opinion and declaratory judgment and establishing a burden of proof.
Section 752.374 Repeal Of Mcl 750.343a To 750.343d, 750.344, 750.345, 750.345a, And 750.346.
Sections 343a to 343d, 344, 345, 345a, and 346 of Act No. 328 of the Public Acts of 1931, being sections 750.343a to 750.343d,...

Last modified: October 10, 2016