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South Dakota statute

SDCL § 23A-36-8 — Expert testimony not required in obscenity hearing--Evidence of community standards

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 36: Seizure And Disposition Of Obscene Material, South Dakota Codified Laws.

Full text of SDCL § 23A-36-8

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 23A-36-8Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
In the prosecution for a violation of the provisions of this chapter, neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the obscene or harmful character of the matter which is the subject of any such prosecution. Any evidence which tends to establish contemporary community standards of appeal to prurient interest or of customary limits of candor in the description or representation of nudity, sex, or excretion, or which bears upon the question of serious literary, artistic, political, or scientific value shall be admissible when offered by either the prosecution or the defense.

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This reference is informational and is not legal advice.