State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_19 > GS_19-6

§19‑6.  Civil penalty; forfeiture; accounting; lien as to expenses ofabatement; invalidation of lease.

Lewd matter is contraband, andthere are no property rights therein. All personal property, including allmoney and other considerations, declared to be a nuisance under the provisionsof G.S. 19‑1.3 and other sections of this Article, are subject toforfeiture to the local government and are recoverable as damages in the countywherein such matter is sold, exhibited or otherwise used. Such property includingmoneys may be traced to and shall be recoverable from persons who, under G.S.19‑2.4, have knowledge of the nuisance at the time such moneys arereceived by them.

Upon judgment against thedefendant or defendants in legal proceedings brought pursuant to this Article,an accounting shall be made by such defendant or defendants of all moneysreceived by them which have been declared to be a nuisance under this Article.An amount equal to the sum of all moneys estimated to have been taken in asgross income from such unlawful commercial activity shall be forfeited to thegeneral funds of the city and county governments wherein such activity tookplace, to be shared equally, as a forfeiture of the fruits of an unlawfulenterprise, and as partial restitution for damages done to the public welfare;provided, however, that no provision of this Article shall authorize therecovery of any moneys or gross income received from the sale of any book,magazine, or exhibition of any motion picture prior to the issuance of apreliminary injunction. Where the action is brought pursuant to this Article,special injury need not be proven, and the costs of abatement are a lien onboth the real and personal property used in maintaining the nuisance. Costs ofabatement include, but are not limited to, reasonable attorney's fees and courtcosts.

Upon the filing of the action,the plaintiff may file a notice of lis pendens in the official records of thecounty where the property is located.

If it is judicially foundafter an adversary hearing pursuant to this Article that a tenant or occupantof a building or tenement, under a lawful title, uses such place for thepurposes of lewdness, assignation, prostitution, gambling, sale or possessionof illegal alcoholic beverages or substances proscribed under the NorthCarolina Controlled Substances Act, or repeated acts which create andconstitute a breach of the peace, such use makes void the lease or other titleunder which he holds, at the option of the owner, and, without any act of theowner, causes the right of possession to revert and vest in such owner.

The clear proceeds of civilpenalties and forfeitures provided for in this section, except for penaltiesand properties that accrue to local governments instead of the State, shall beremitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.(Pub. Loc. 1913, c. 761, s. 30; 1919, c. 288; C.S., s. 3185; 1977, c.819, s. 7; 1981, c. 412, s. 4; c. 747, s. 66; 1998‑215, s. 106; 1999‑371,s. 9.)