18-4108. SPECIAL VERDICT. The jury, or the court if a jury trial is waived, shall render a general verdict, and must also render a special verdict as to whether the matter named in the charge is obscene. The special verdict or findings on the issue of obscenity may be: "We find the …. (title or description of matter or live conduct) to be obscene," or "We find the …. (title or description of matter or live conduct) not to be obscene." A special verdict shall not be admissible as evidence in any other proceeding, nor shall it be res judicata of any question in any other proceeding.
History:
[I.C., sec. 18-4108, as added by 1973, ch. 305, sec. 11, p. 655.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 41 - INDECENCY AND OBSCENITY
Section 18-4101 - DEFINITIONS.
Section 18-4102 - AFFIRMATIVE DEFENSE.
Section 18-4103 - GENERAL SALE OR DISTRIBUTION, ETC., OF OBSCENE MATTER — PENALTY.
Section 18-4105 - PUBLIC DISPLAY OF OFFENSIVE SEXUAL MATERIAL — PENALTY.
Section 18-4106 - DISTRIBUTION TO MINORS — LAW GOVERNING.
Section 18-4107 - CONSPIRACY — PENALTY.
Section 18-4108 - SPECIAL VERDICT.
Section 18-4109 - PUNISHMENT FOR VIOLATIONS.
Section 18-4110 - EXPERT WITNESS TESTIMONY.
Section 18-4111 - SEARCH WARRANT FOR SEIZURE OF OBSCENE MATERIAL.
Section 18-4114 - ENFORCEMENT BY INJUNCTION, ETC.