§ 6330 — Obscene prints and articles; jurisdiction

New York § 6330

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 63: Injunction

Text

§ 6330. Obscene prints and articles; jurisdiction. The supreme court\nhas jurisdiction to enjoin the sale or distribution of obscene prints\nand articles, as hereinafter specified:\n 1. The district attorney of any county, the chief executive officer of\nany city, town or village or the corporation counsel, or if there be\nnone, the chief legal officer of any city, town, or village, in which a\nperson, firm or corporation publishes, sells or distributes or displays\nor is about to sell or distribute or display or has in his possession\nwith intent to sell or display or distribute or is about to acquire\npossession with intent to sell, display or distribute any book,\nmagazine, pamphlet, comic book, story paper, writing, paper, picture,\nmotion picture, drawing, photograph, figure, image or any written or\nprinted matter of an indecent character, which is obscene, lewd,\nlascivious, filthy, indecent or disgusting, or which contains an article\nor instrument of indecent or immoral use or purports to be for indecent\nor immoral use or purpose; or in any other respect defined in section\n235.00 of the penal law, may maintain an action for an injunction\nagainst such person, firm or corporation in the supreme court to prevent\nthe sale or further sale or the distribution or further distribution or\nthe acquisition, publication or possession within the state of any book,\nmagazine, pamphlet, comic book, story paper, writing, paper, picture,\nmotion picture, drawing, photograph, figure or image or any written or\nprinted matter of an indecent character, herein described or described\nin section 235.00 of the penal law.\n 2. The person, firm or corporation sought to be enjoined shall be\nentitled to a trial of the issues within one day after joinder of issue\nand a decision shall be rendered by the court within two days of the\nconclusion of the trial.\n 3. In the event that a final order or judgment of injunction be\nentered in favor of such officer of the city, town or village and\nagainst the person, firm or corporation sought to be enjoined, such\nfinal order of judgment shall contain a provision directing the person,\nfirm or corporation to surrender to such peace officer, acting pursuant\nto his special duties, or police officer, as the court may direct or to\nthe sheriff of the county in which the action was brought any of the\nmatter described in paragraph one hereof and such officer or sheriff\nshall be directed to seize and destroy the same.\n 4. In any action brought as herein provided such officer of the city,\ntown or village shall not be required to file any undertaking before the\nissuance of an injunction order provided for in paragraph two hereof,\nshall not be liable for costs and shall not be liable for damages\nsustained by reason of the injunction order in cases where judgment is\nrendered in favor of the person, firm or corporation sought to be\nenjoined.\n 5. Every person, firm or corporation who sells, distributes, or\nacquires possession with intent to sell or distribute any of the matter\ndescribed in paragraph one hereof, after the service upon him of a\nsummons and complaint in an action brought by such officer of any\ncounty, city, town or village pursuant to this section is chargeable\nwith knowledge of the contents thereof.\n 6. The court, in its adjudication, may (1) grant the relief sought (2)\ndeny the relief sought or (3) enjoin the sale, further sale, display,\ndistribution, further distribution, acquisition, publication, or\npossession of the material, to persons under the age of seventeen, upon\na finding that the material is of the kind described in paragraph a or b\nof subdivision one of section 235.21 of the penal law.\n