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(3) "Prurient interest" means an interest in sexual conduct that goes sub- <br />stantially beyond customary limits of candor in description or represent- <br />ation of such conduct. If it appears from the character of the material <br />or the circumstances of its dissemination that the subject matter is de- <br />signed for a specially susceptible audience, the appeal of the subject <br />matter shall be judged with reference to such audience. <br />(4) "Distribute" means to transfer possession, whether with or without <br />consideration. <br />(5) "Commercially distribute" means to transfer possession for valuable <br />consideration. <br />(6) "Sexual conduct" means: <br />(A) any contact between any part of the genitals of one person and <br />the mouth or anus of another person; <br />(B) any contact between the female sex organ and the male sex organ; <br />C any contact between a person's mouth or genitals and the anus or <br />genitals of an animal or fowl; or <br />(D) patently of3fensive representations of masturbation or excretory <br />functions. <br />43.22. Obscene Display of Distribution <br />(a) .4 person commits an offense if he intentionally or knowingly displays <br />or distributes an obscene photograph, drawing, or similar visual <br />representation or other obscene material and is reckless about whether <br />a person is present who will be offended or alarmed by the display or <br />distribution. <br />(b) An offense under this section is a Class C misdemeanor. <br />43.23. Commercial Obscenity <br />(a) A person commits an offense if, knowing the content of the material: <br />(1) he sells, commercially distributes, commercially exhibits, or possesses <br />for sale, commercial distribution, or commercial exhibition any obscene <br />material; <br />(2) he presents or directs an obscene play, dance, or performance or <br />participates in that portion of the play, dance, or performance that <br />makes it obscene; or <br />(3) he hires, employs, or otherwise uses a person under the age of 17 <br />years to achieve any of the purposes set out in Subdivisions (1) and <br />(2) of this subsection. <br />(b) It is an affirmative defense to prosecution under this section that <br />the obscene material was possessed by a person having scientific, <br />educational, governmental, or other similar justification. <br />(c) An offense under this section is a Class B misdemeanor unless committed <br />under Subsection (a)(3) of this section, in which event it is a Class A <br />misdemeanor. <br />43.24. Sale, Distribution, or Display of Harmful Material to Minor <br />(a) For purposes of this section; <br />-4- <br />EVER00324 <br />