§ 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 as respondents and list the names and addresses, if known, of the mailable matter's author, publisher, and any other person sending or causing it to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution and of any person in this state preparing, selling, exhibiting, or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away; (4) Pray for an adjudication that the mailable matter is obscene; (5) Pray for a permanent injunction against any person sending or causing the mailable matter to be sent, bringing, or causing it to be brought into this state for sale or commercial distribution, or in this state preparing, selling, exhibiting, or commercially distributing it, giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away; and (6) Pray for the mailable matter's surrender, seizure, and destruction.

Legislative History

Acts 1961, No. 261, § 6; A.S.A. 1947, § 41-3567.