(a) A person may not knowingly:
(1) write or create advertising or otherwise promote the sale or distribution of matter the person represents or holds out to be obscene; or
(2) solicit the publication of advertising that promotes the sale or distribution of matter the person represents or holds out to be obscene.
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
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