§712-1213  Displaying indecent material;
prima facie evidence.  The fact that a person engaged in the conduct
specified by section 712-1211 is prima facie evidence that the person engaged
in that conduct with knowledge of or in reckless disregard of the character,
content, or connotation of the material which is displayed. [L 1972, c 9, pt of
§1; am L 1987, c 176, §5]



 



Cross References



 



  Prima facie evidence, see §701-117.



 



COMMENTARY ON §712-1213



 



  This section is derived from the proposed statute in Richard
Kuh's influential book on pornography.[1]  The purpose of the section is to
ease the burden on the prosecutor of making a prima facie case on the issue of
mens rea in cases involving violation of §712-1211.  It makes proof of a
prohibited display prima facie evidence of the requisite state of mind;
however, it does not change the prosecutor's ultimate burden of proof beyond a
reasonable doubt.



 



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§712-1213 Commentary:



 



1.  Kuh, Foolish Figleaves? 267 (1967).