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1 <br /> i . <br /> regulation is not designed to suppress the content of expressive p activity and is <br /> sufficiently tailored to accomplish the regulatory purpose. <br /> The Working Group believes that communities have more prosecutorial and <br /> 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 /> . Of course, each community must decide on its " own how to balance ifs limited <br /> resources and the wide variety of competing demands for such resources. <br /> 1 <br /> I. OBSCENITY PROSECUTION <br /> 1 <br /> s <br /> 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 /> 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. § 617.241, subd. 3 <br /> _ (1988).4/ <br /> • <br /> 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 /> The Working Group believes this is not because the sale or distribution of obscene <br />.1 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 /> obscenity, and because obscenity has historically been considered a victimless crime. <br /> 4/ The prior penalty was a fine only — up to $10,000 for a first offense and uo to <br /> $20,000 for a second or subsequent offense. Minn. Stat. § 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 /> Comprehension. See Bureau of Criminal Aoorehension. 1987 Minnesota Annual <br /> Report on Crime. fvTissino Chilcsren ano Bureau of Criminal Aoorenension Ac::vaues. <br /> 4111 <br /> -21- <br /> I <br />