13-3505. Obscene prints and articles;
jurisdiction
A. The superior court has jurisdiction to enjoin the sale or distribution of
obscene prints and articles, as described in subsection B of this section.
B. The county attorney of any county or the city attorney of any city in which a
person, firm, association or corporation publishes, sells or distributes or is about to
sell or distribute or has in his possession with intent to sell or distribute or is about
to acquire possession with intent to sell or distribute any book, magazine, pamphlet,
comic book, story paper, writing, paper, picture, drawing, photograph, figure, image or
any written or printed matter of an indecent character, which is obscene, lewd,
lascivious, filthy, indecent or disgusting, or which contains an article or instrument of
indecent or immoral use or purports to be for indecent or immoral use or purpose, or in
any other respect defined in section 13-3501, may maintain an action on behalf of such
county or city for an injunction against such person, firm, association or corporation in
the superior court to prevent the sale or further sale or the distribution or further
distribution of the acquisition, publication or possession within the state of any book,
magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing,
photographed figure or image or any written or printed matter of an indecent character,
described in this subsection or in section 13-3501.
C. The person, firm, association or corporation sought to be enjoined shall be
entitled to a trial of the issues within ten days after joinder of issue and a decision
shall be rendered by the court within ten days of the conclusion of the trial.
D. If a final order or judgment of injunction is entered against the person, firm,
association or corporation sought to be enjoined, such final order of judgment shall
contain a provision directing the person, firm, association or corporation to surrender
to the sheriff of the county in which the action was brought any of the matter described
in subsection B of this section and such sheriff shall be directed to seize and destroy
such obscene prints and articles.
E. In any action brought as provided in this section, such county attorney or city
attorney bringing the action shall not be required to file any undertaking before the
issuance of an injunction order provided for in subsection C of this section.
F. The sheriff directed to seize and destroy such obscene prints and articles shall
not be liable for damages sustained by reason of the injunction order in cases where
judgment is rendered in favor of the person, firm, association or corporation sought to
be enjoined.
G. Every person, firm, association or corporation who sells, distributes, or
acquires possession with intent to sell or distribute any of the matter described in
subsection B of this section, after the service upon him of a summons and complaint in an
action brought pursuant to this section is chargeable with knowledge of the contents
thereof.
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