3rd Degree Felony means material or a performance that: (A) the average person would find appeals to the prurient interest; (B) depicts patently offensive content; (C) lacks serious literary, artistic, political, and scientific value. The term is used for what category?

• A. Obscene device
• B. Patently Offensive
• C. Obscene
• D. Wholesale promote

Answer: (C)

Obscenity is defined by a three-part test: the material must (1) appeal to the prurient interest, (2) depict or describe sexual conduct in a patently offensive way, and (3) lack serious literary, artistic, political, or scientific value. When all three parts fit, the material is considered obscene and is not protected by typical free-speech protections. That’s why the category described is Obscene. The other terms aren’t the overall category—patently offensive is one element of the test, obscene device is a specific item, and wholesale promote isn’t a recognized category.