"Whoever disseminates any matter which is obscene, knowing it to be obscene, or whoever has in his possession any matter which is obscene, knowing it to be obscene, with intent to disseminate it, shall be punished." In order to prove a defendant guilty, the Commonwealth must prove three things beyond a reasonable doubt:
- That the matter that is in evidence is obscene.
- The first element of the crime is that the matter be obscene. The type of "matter" that is regulated by our law includes any printed material, visual representation, live performance or sound recording, including but not limited to books, magazines, motion picture films, pamphlets, phonograph records, pictures, photographs, figures, statues, plays, and dances.Any such material is obscene if, taken as a whole, it meets all three of the following three requirements:
- First requirement: appeals to prurient interest.
- The first requirement for something to be obscene is that, taken as a whole, it must appeal to the prurient interest of an average adult person in this county. You are to determine this by applying the contemporary standards in this county on the date of the alleged offense. "Prurient interest" means "a shameful or morbid interest in nudity, sex, or excretion," an unhealthy interest about sexual matters which is repugnant to prevailing moral standards.
- Second requirement: patently offensive.
- The second requirement for something to be obscene is that, taken as a whole, it must depict or describe sexual conduct in a way that would be obviously offensive to an average adult person in this county. Again, you are to determine this by applying contemporary standards in this county on the date of the alleged offense.
- Third requirement: no serious value.
- The third requirement for something to be obscene is that a reasonable person would find that,taken as a whole, it has no serious literary, artistic, political or scientific value.
- Second Element: Disseminated the material
- That a defendant disseminated the matter, or possessed with intent to disseminate it.
- Third Element: Knowledge
- That a defendant knew of the obscene character of the matter.