§ 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 […]
§ 5-68-404. Mailable matter subject to provisions of subchapter
Any mailable matter that is sent or caused to be sent, brought, or caused to be brought into this state for sale or commercial distribution or that in this state is sold, exhibited or commercially distributed, given away, or offered to be given away, by any person with knowledge of the judgment, or is in […]
§ 5-68-405. Possession, sale, or distribution
(a) Any person that, with knowledge of its contents, sends or causes to be sent or brings or causes to be brought into this state for sale or commercial distribution, or in this state prepares, publishes, sells, exhibits, or commercially distributes, or gives away or offers to give away or has in the person’s possession […]
§ 5-68-406. Action to determine obscenity
The prosecuting attorney for the county where obscene mailable matter is sent or caused to be sent, brought, or caused to be brought or where it is prepared, sold, exhibited or commercially distributed, or given away or offered to be given away or possessed shall institute an action in the circuit court for that county […]
§ 5-68-407. Complaint
(a) The action authorized in § 5-68-406 is commenced by the filing of a complaint to which is attached as an exhibit a true copy of the allegedly obscene mailable matter. (b) The complaint shall: (1) Be directed against the mailable matter by name or description; (2) Allege the mailable matter’s obscene nature; (3) Designate […]