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On <br />an average law --abiding person would <br />observe in the actor's situation under <br />like circumstances. <br />SECTION 2 <br />AFFIRMATIVE DEFENSE. <br />This Act shall not apply to persons who may <br />possess or distribute obscene matter or participate in conduct <br />otherwise proscribed by this Act when such possession, <br />distribution or conduct occurs in the course of law enforcement <br />activities, or in the course of bona fide scientific, educational, <br />or comparable research or study, or like circumstances of <br />justification. If this issue is not presented by the <br />prosecution's evidence, the defendant may raise the same as an <br />affirmative defense by presenting some evidence thereon. When <br />raised, the prosecution must sustain the burden of proving the <br />defendant guilty beyond a reasonable doubt as to that issue. <br />JURY TRIAL. <br />SECTION 3 <br />Criminal prosecutions and other proceedings <br />involving the ultimate issue of obscenity (as distinguished from <br />the issue of "probable cause") shall be tried by jury if in circuit <br />court, unless both parties to the action waive a jury trial in <br />writing or by statement in open court, entered in the minutes. with <br />the approval of the court. In municipal or other courts the ultimate <br />issue of obscenity shall be by the trier of fact. <br />