728.9  Evidence considered.

At a trial for violation of section 728.2 or 728.3 the court may consider the material, and receive into evidence in addition to other competent evidence, the offered testimony of experts pertaining to:

1.  The artistic, literary, political or scientific value, if any, of the challenged material.

2.  The degree of public acceptance within the community of the material or material of similar character.

3.  The intent of the author, artist, producer, publisher or manufacturer in creating the material.

4.  The advertising promotion and other circumstances relating to the sale of the material.

Section History: Early form

  [C75, 77, § 725.7; C79, 81, § 728.9]


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