§ 130.01. EXHIBITION, SALE OR OFFER OF SEXUALLY EXPLICIT MATERIAL PROHIBITED.

(A) No person shall sell, lend, give away or offer to sell, lend or give away or in any manner exhibit any patently offensive representations or descriptions of masturbation, excretory functions, lewd exhibition of the genitals or of ultimate sexual acts, normal or perverted, actual or simulated unless the representations or descriptions, taken as a whole, have serious literary, artistic, political or scientific value.

(B) When an indictment is found or an affidavit filed against a person charging him with the violation of any of the provisions of this section, the court or judge thereof shall examine the indictment or affidavit to determine if the allegedly obscene material referred to in the indictment or affidavit is sufficient to justify further proceedings in the prosecution thereof. If the judge determines that the allegedly harmful material is not, on its face, unlawful, he or she shall dismiss the indictment or affidavit. If the judge determines that the allegedly obscene material set out in the indictment or affidavit does, on its face, constitute sufficient cause to proceed with the prosecution, the judge shall fix a time and place for a hearing to determine whether probable cause exists for the issuance of a warrant of arrest and the court shall direct the clerk of the court to issue notice immediately with a copy of the indictment or affidavit filed, giving the person at least five days notice of the hearing and informing the person that he or she may subpoena witnesses and present evidence at the hearing. The hearing shall, in no event, be held later the ten days following the issuance of the notice.

(C) If, after hearing evidence, the judge finds that probable cause exists for the issuance of a warrant of arrest, he or she shall direct the clerk to issue immediately a warrant of arrest returnable forthwith. If, after hearing evidence, the judge finds that no probable cause exists for the issuance of a warrant of arrest, he or she shall enter the findings of record and dismiss the indictment or affidavit.

(D) It is the purpose of this section to provide any person charged with the commission of an offense under this section a prior adversary hearing before the issuance of a warrant for the arrest of the person and the seizure of the evidence incidental to the arrest. Any person found guilty of violating this section shall be fined.

(‘89 Code, § 110.01) Penalty, see § 10.99