§ 5-68-413. Contempt
Any respondent or any officer, agent, servant, employee, or attorney of the respondent or any person in active concert or participation by contract or arrangement with the respondent, that receives actual notice, by personal service or otherwise, of any injunction or restraining order entered pursuant to § 5-68-412 and that disobeys any provision of the […]
§ 5-68-414. Extradition
In any case in which a circuit court has entered its judgment, pursuant to § 5-68-411, that the mailable matter in question is obscene, and a charge of continuing violation is brought against a person that, being a respondent to the judgment, cannot be found in this state, the Governor shall demand the person’s extradition […]
§ 5-68-415. Possession of things enumerated in § 5-68-405 creates a presumption
(a) (1) The possession of any three (3) of the things enumerated in § 5-68-405, except the possession of them for the purpose of return to the person from whom received, creates a presumption that the things are intended for sale or commercial distribution, exhibition, or gift. (2) However, the presumption under subdivision (a)(1) of […]
§ 5-68-416. Nonresidents subject to jurisdiction
In order to protect the morals and general welfare of the citizens and residents of this state against obscene printed or written matter or material originating outside this state, it is the purpose of this section to subject to the jurisdiction of the courts of this state those persons that are responsible for the importation […]
§ 5-68-410. Trial procedure
(a) The public interest requires that any action prescribed in this subchapter, other than a criminal action under § 5-68-405, be heard and disposed of with the maximum promptness and dispatch commensurate with constitutional requirements, including due process, freedom of the press, and freedom of speech. (b) The rules of civil procedure pertaining to equity […]
§ 5-68-411. Judgment — Enforcement
If the circuit court finds the mailable matter to be obscene, it shall enter judgment to that effect and may, in the judgment or in a subsequent order of enforcement of the judgment: (1) Enter a permanent injunction against any respondent prohibiting the respondent from doing or continuing to do any act condemned by this […]
§ 5-68-412. Injunctions
(a) Any order granting an injunction shall: (1) Set forth the reasons for its issuance; (2) Be specific in terms; (3) Describe in reasonable detail, and not by reference to the complaint or other document, the act sought to be restrained; and (4) Be binding only upon the respondents to the action, their officers, agents, […]
§ 5-68-401. Title
This subchapter shall be known as the “Arkansas Law on Obscenity” and may be referred to by that designation.
§ 5-68-402. Purpose and intent
(a) The General Assembly determines that during the past several years, the spread of obscene publications has become a matter of increasingly grave concern to the people of this state. (b) The elimination of this evil and the consequent protection of the citizens and residents of this state against those publications are in the best […]
§ 5-68-403. Definitions
As used in this subchapter: (1) “Mailable matter” means: (A) Printed or written matter or material having second-class mailing privileges under the laws of the United States; or (B) Any other printed or written matter or material that has not been determined to be nonmailable under the laws of the United States; (2) “Obscene” means […]