State v. Baker

Briscoe, J.:

Defendant Ricky B. Baker appeals his conviction of two counts of promoting obscenity in violation of K.S.A. 21-4301. Defendant challenges the constitutionality of K.S.A. 21-4301, and also contends his prosecution violates the public policy codified by the statute.

Defendant was employed as a clerk in Plato’s, an adult bookstore in Wichita, Kansas. The bookstore sells books, magazines, sexual devices, and lingerie, and has small booths for showing films. Defendant had been employed as a clerk at Plato’s for only nineteen days prior to the sales which led to his arrest.

Defendant was…