§ 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 for an adjudication of the obscenity of the mailable matter if the prosecuting attorney has reasonable cause to believe that any person with knowledge of its contents is: (1) Engaged in sending obscene mailable matter, causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution; or (2) In this state preparing, selling, exhibiting or commercially distributing obscene mailable matter, giving it away, offering to give it away, or has it in the person's possession with intent to sell, commercially distribute, exhibit, give it away, or offer to give it away.

Legislative History

Acts 1961, No. 261, § 5; A.S.A. 1947, § 41-3566.