Distribution or wholesale distribution of obscene materials or performances; character and reputation as evidence; prosecutor's bond.
Gulfport Code of Ordinances § 7-36
in effectSec. 7-36. - Distribution or wholesale distribution of obscene materials or performances; character and reputation as evidence; prosecutor's bond.
(a) A person commits the offense of distributing obscene materials or obscene performances when he sells, rents, leases, advertises, publishes or exhibits to any person any obscene material or obscene performance of any description knowing the obscene nature thereof or offers to do so or possesses such material with the intent to do so. A person commits the offense of wholesale distributing obscene materials or obscene performances when he distributes for the purpose of resale any description knowing the obscene nature thereof or offers to do so or possesses such material with the intent to do so. The word knowing as used in this section means either actual or constructive knowledge of the obscene contents of the subject matter, and a person has constructive knowledge of the obscene contents if he has knowledge of facts which would put a reasonable and prudent person on notice as to the suspect nature of the material. The character and reputation of an individual charged with an offense under sections 7-36 through 7-40 and, if a commercial dissemination of obscene material or an obscene performance is involved, the character and reputation of the business establishment involved may be placed in evidence by the defendant on the question of intent to violate sections 7-36 through 7-40.
(b) Any person, other than a city attorney, county prosecuting attorney or district attorney, who shall sign an affidavit charging an offense prescribed by this section shall file a bond in the amount of five hundred dollars ($500.00) at the time such affidavit is lodged. Such bond shall be conditioned that the affidavit was not filed frivolously, maliciously or out of ill will.
(Ord. No. 1886, 11-20-90)
Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH7OFMIPR_ARTIIOBEXSEMA_S7-36DIWHDIOBMAPECHREEVPRBOFetched: 11/1/2026