§ 19-13 – Commencement of civil proceeding.
19-13. Commencement of civil proceeding. (a) Whenever the district attorney for any prosecutorial district has reasonable cause to believe that any person is engaged in selling, distributing or disseminating in any manner harmful material to minors or may become engaged in selling, distributing or disseminating in any manner harmful material to minors, the district attorney […]
§ 19-14 – Filing and form of complaint.
19-14. Filing and form of complaint. The action authorized by this Article shall be commenced by the filing of a complaint to which shall be attached, as an exhibit, a true copy of the allegedly harmful material. The complaint shall: (1) Be directed against such material by name, description, volume, and issue, as appropriate; (2) […]
§ 19-15 – Examination by the court; probable cause; service of summons.
19-15. Examination by the court; probable cause; service of summons. (a) Upon the filing of a complaint pursuant to this Article, the district attorney shall present the same, together with attached exhibits, as soon as practicable to the court for its examination and reading. (b) If, after such examination and reading, the court finds no […]
§ 19-16 – Appearance and answer; default judgment.
19-16. Appearance and answer; default judgment. (a) On or before the return date specified in the summons issued pursuant to this Article, or within 15 days after the service of such summons, or within 15 days after receiving actual notice of the issuance of such summons, the author, publisher or any person interested in sending […]
§ 19-1 – What are nuisances under this Chapter.
19-1. What are nuisances under this Chapter. (a) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place for the purpose of assignation, prostitution, gambling, illegal possession or sale of alcoholic beverages, illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or illegal possession […]
§ 19-7 – How order of abatement may be canceled.
19-7. How order of abatement may be canceled. If the owner appears and pays all cost of the proceeding and files a bond, with sureties to be approved by the clerk, in the full value of the property, to be ascertained by the court, or, in vacation, by the clerk of the superior court, conditioned […]
§ 19-1.1 – Definitions.
19-1.1. Definitions. As used in this Chapter relating to illegal possession or sale of obscene matter or to the other conduct prohibited in G.S. 19-1(a), the following definitions shall apply: (1) "Breach of the peace" means repeated acts that disturb the public order including, but not limited to, homicide, assault, affray, communicating threats, unlawful possession […]
§ 19-8 – Costs.
19-8. Costs. The prevailing party shall be entitled to his costs. The court shall tax as part of the costs in any action brought hereunder such fee for the attorney prosecuting or defending the action or proceedings as may in the court’s discretion be reasonable remuneration for the services performed by such attorney. (Pub. Loc. […]
§ 19-1.2 – Types of nuisances.
19-1.2. Types of nuisances. The following are declared to be nuisances wherein obscene or lewd matter or other conduct prohibited in G.S. 19-1(a) is involved: (1) Any and every place in the State where lewd films are publicly exhibited as a predominant and regular course of business, or possessed for the purpose of such exhibition; […]
§ 19-8.1 – Immunity.
19-8.1. Immunity. The provisions of any criminal statutes with respect to the exhibition of, or the possession with the intent to exhibit, any obscene film shall not apply to a motion picture projectionist, usher, or ticket taker acting within the scope of his employment, provided that such projectionist, usher, or ticket taker: (i) Has no […]