Which offense applies to displaying obscene material with recklessness about whether someone is present who will be offended?

Prepare for the Penal Code 30-72 Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Multiple Choice

Which offense applies to displaying obscene material with recklessness about whether someone is present who will be offended?

Explanation:
The key idea is the act of showing obscene material to others with reckless disregard for whether someone who is present would be offended. The offense of obscene display or distribution covers displaying or distributing obscene material to people, and the mental state required is recklessness about the audience—i.e., the actor consciously disregards the risk that someone nearby will be offended. That exactly matches the scenario described. Obscene device focuses on possession or distribution of obscene devices, not on displaying to an audience. Patently offensive is a standard used to classify material as obscene, not a separate display/distribution offense. Wholesale promote concerns promoting obscene material in bulk, not the act of displaying it to someone with recklessness about offense.

The key idea is the act of showing obscene material to others with reckless disregard for whether someone who is present would be offended. The offense of obscene display or distribution covers displaying or distributing obscene material to people, and the mental state required is recklessness about the audience—i.e., the actor consciously disregards the risk that someone nearby will be offended. That exactly matches the scenario described.

Obscene device focuses on possession or distribution of obscene devices, not on displaying to an audience. Patently offensive is a standard used to classify material as obscene, not a separate display/distribution offense. Wholesale promote concerns promoting obscene material in bulk, not the act of displaying it to someone with recklessness about offense.

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