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