§ 5-129. Obscenity.
A. It shall be unlawful to:
1. Sell, deliver, provide, offer or agree to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment that is obscene; or
2. Present or direct an obscene play, dance or performance or participate in that portion thereof which makes it obscene; or
3. Publish, exhibit or otherwise make available any obscene material; or
4. Possess any obscene material for purposes of sale or other commercial dissemination; or
5. Sell, advertise or otherwise commercially disseminate material, whether or not obscene, by representing or suggesting that it is obscene.
B. Material is obscene if, considered as a whole:
1. It lacks serious literary, artistic, political or scientific value; and
2. It depicts or describes nudity, sex or excretion in a patently offensive manner that goes substantially beyond customary limits of candor in describing or representing such matter; and
3. If the average person, applying contemporary community standards, would find that the material, taken as a whole, appeals predominantly to a morbid or unnatural interest in nudity, sex or excretion.
C. A person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.
D. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or some other specially susceptible audience.
E. Undeveloped photographs, molds, printing plates and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.
F. It shall be a defense to prosecution under this section that the dissemination of the obscene material was restricted to institutions or persons having scientific, educational, governmental or other similar justification for possession of obscene material.
G. Obscenity shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or by a term of imprisonment in Tribal Jail not to exceed one year; or any combination of the above. Tier 1 offense. ONCA 11-43, eff. Apr. 5, 2011.