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<br /> I I 7.S/sa <br /> ~ regulation is not designed to suppress the content of expressive activity and is <br /> sufficiently tailored to accomplish the regulatory purpose. - <br /> I The Working Group believes that communities have more prosecutorial and <br /> i regulatory opportunities than they may currently recognize. The purpose of this section <br /> of the Report is to identify and recommend enforcement and regulatory opportunities. <br /> I Of course, each community must decide on its own how to balance its limited <br /> resources and the wide variety of competing demands for such resources. <br /> I <br /> I J. OBSCENITY PROSECUTION <br /> I Obscene material is not protected by the First Amendment. Miller v. California, <br /> 413 U.S. 15, 93 S. Ct. 2607 (1973). The sale or distribution of obscene material in <br /> Minnesota is a criminal offense. The penalty was recently increased to up to one year <br /> I in jail and a $3,000 fine for a first offense, and up to two years in jail and a $10,000 fine <br /> for a second or subsequent offense within fIVe years. Minn. Stat. 9 617.241, subd. 3 <br /> Ie (1988).~! <br /> I The Working Group believes that Minnesota's obscenity statutes are adequate to <br /> prosecute and penalize the sale and distribution of obscene materials. However, <br /> historically, widespread obscenity prosecution has not occurred. <br /> I The Working Group believes this is not because the sale or distribution of obscene <br /> I publications in Minnesota is rare, but because prosecutors have been reluctant to bring <br /> obscenity charges, because of limited resources, difficulties faced when prosecuting <br /> I obscenity, and because obscenity has historically been considered a victimless crime. <br /> I <br /> ~! The prior penalty was a fine only - up to $10,000 for a first offense and up to <br /> I $20,000 for a second or subsequent offense. Minn. Stat. S 617.241, subd. 3 (1986). <br /> Obscenity arrests are so infrequent that incidents involVing pOSSible violations of <br /> section 617.241 are not separately compiled by the Minnesota Bureau of Criminal <br /> I Comprehension. See Bureau of Criminal A rehension 1987 Minnesota Annual <br /> Re ort on Crime MfsS)n I ren an ureau 0 nmlna re enslon ctlvltles. <br /> I~ -21- <br /> I <br />