Obscenity; elements; misdemeanor; penalty; second or subsequent offense as a felony.
MCL 752.365
in effect752.365. Obscenity; elements; misdemeanor; penalty; second or subsequent offense as a felony.
Sec. 5.
(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) A person convicted of a second or subsequent offense under this section is guilty of a felony and may be imprisoned for not more than 2 years, and shall be fined not less than $50,000.00 or more than $5,000,000.00. For purposes of this section, an offense is considered a second or subsequent offense if the defendant has previously been convicted under this section or under any similar statute of the United States or of any state.
1984, Act 343, Eff. Mar. 29, 1985; Am. 1992, Act 216, Eff. Mar. 31, 1993
Source: Michigan Legislature (legislature.mi.gov)URL: https://legislature.mi.gov/Laws/MCL?objectName=mcl-752-365Fetched: 10/20/2026