Section 752.365 - Obscenity; elements; misdemeanor; penalty; second or subsequent offense as a felony(1) A person is guilty of obscenity when, knowing the content and character of the material, the person disseminates, or possesses with intent to disseminate, any obscene material.(2) Obscenity is a misdemeanor, punishable by imprisonment for not more than 1 year, or by a fine of not more than $100,000.00, or both.(3) A person convicted of a second or subsequent offense under this section is guilty of a felony and may be imprisoned for not more than 2 years, and shall be fined not less than $50,000.00 or more than $5,000,000.00. For purposes of this section, an offense is considered a second or subsequent offense if the defendant has previously been convicted under this section or under any similar statute of the United States or of any state.1984, Act 343, Eff. 3/29/1985 ;--Am. 1992, Act 216, Eff. 3/31/1993 .