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regulation is not designed to suppress the content of expressive activity and is sufficiently tailored to accomplish the regulatory purpose. The Working Group believes that communities have more prosecutorial and regulatory opportunities than they may currently recognize. The purpose of this section of the Report is to identify and recommend enforcement and regulatory opportunities. Of course, each community must decide on its own how to balance its limited resources and the wide variety of competing demands for such resources. I. OBSCENITY PROSECUTION Obscene material Is not protected by the Rrst Amendment Miller v. CaUfomia. 413 U.S. 15, 93 S. Ct 2607 (1973). The sale or distribution of obscene material in Minnesota is a criminal offense. The penalty was recerrtiy Increased to up to one year in jail and a $3,000 fine for a first offense, and up to two years in jail and a $10,000 fine for a second or subsequent offense within five years. Minn. Stat § 617.241, subd. 3 (1988).^ • • • The Working Group believes that Minnesota ’s obscenity statutes are adequate to prosecute and penalize the sale and distribution of obscene materials. However, historically, widespread obscenity prosecution has not occurred. The Working Group believes this is not because the sale or distribution of obscene publications In Minnesota is rare, but because prosecutors have been reluctant to bring obscenity charges, because of limited resources, difficulties faced when prosecuting obscenity, and because obscenity has historically been considered a victimless crime. 4/ The prior penalty was a fine only - up to $10,000 for a first offense and up to $20,000 for a second or subsequent offense. Minn. Stat { 617.241. subd. 3 (19^. Obscenity arrests are so infrequent that incidents invofwkj possible violatfons of section 617.241 are not separately compiled by the Minnesota Bureau of Criminal Comprehension. See Bureau of Criminal Aporehension. 1967 Minnesota Annual Report on Crime. Missino Children and Bureau or cnminai Aoorenension Activities. •21-