TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 41

INDECENCY AND OBSCENITY

18-4112.  Contraband. Destruction of obscene matter or advertisement of matter represented to be obscene:

(A)  Obscene matter and advertisements for matter represented to be obscene are contraband and shall be destroyed.

(B)  Upon the conviction of the accused or rendition of a court order declaring such matter to be contraband and subject to confiscation, the court shall, when such judgments become final, and all appeal procedures have terminated, order, upon five (5) days’ notice to the defendant, any matter or advertisement, in respect whereof the accused stands convicted, and which remains in the possession or under the control of the prosecuting attorney or any law enforcement agency, to be destroyed, and the court shall cause to be destroyed any such material in its possession or under its control, retaining only such copies as are necessary for law enforcement purposes.

History:

[18-4112, added 1976, ch. 81, sec. 13, p. 266.]