New York Laws
Article 63 - Injunction
6330 - Obscene Prints and Articles; Jurisdiction.

§ 6330. Obscene prints and articles; jurisdiction. The supreme court
has jurisdiction to enjoin the sale or distribution of obscene prints
and articles, as hereinafter specified:

1. The district attorney of any county, the chief executive officer of
any city, town or village or the corporation counsel, or if there be
none, the chief legal officer of any city, town, or village, in which a
person, firm or corporation publishes, sells or distributes or displays
or is about to sell or distribute or display or has in his possession
with intent to sell or display or distribute or is about to acquire
possession with intent to sell, display or distribute any book,
magazine, pamphlet, comic book, story paper, writing, paper, picture,
motion picture, drawing, photograph, figure, image or any written or
printed matter of an indecent character, which is obscene, lewd,
lascivious, filthy, indecent or disgusting, or which contains an article
or instrument of indecent or immoral use or purports to be for indecent
or immoral use or purpose; or in any other respect defined in section
235.00 of the penal law, may maintain an action for an injunction
against such person, firm or corporation in the supreme court to prevent
the sale or further sale or the distribution or further distribution or
the acquisition, publication or possession within the state of any book,
magazine, pamphlet, comic book, story paper, writing, paper, picture,
motion picture, drawing, photograph, figure or image or any written or
printed matter of an indecent character, herein described or described
in section 235.00 of the penal law.

2. The person, firm or corporation sought to be enjoined shall be
entitled to a trial of the issues within one day after joinder of issue
and a decision shall be rendered by the court within two days of the
conclusion of the trial.

3. In the event that a final order or judgment of injunction be
entered in favor of such officer of the city, town or village and
against the person, firm or corporation sought to be enjoined, such
final order of judgment shall contain a provision directing the person,
firm or corporation to surrender to such peace officer, acting pursuant
to his special duties, or police officer, as the court may direct or to
the sheriff of the county in which the action was brought any of the
matter described in paragraph one hereof and such officer or sheriff
shall be directed to seize and destroy the same.

4. In any action brought as herein provided such officer of the city,
town or village shall not be required to file any undertaking before the
issuance of an injunction order provided for in paragraph two hereof,
shall not be liable for costs and shall not be liable for damages
sustained by reason of the injunction order in cases where judgment is
rendered in favor of the person, firm or corporation sought to be
enjoined.

5. Every person, firm or corporation who sells, distributes, or
acquires possession with intent to sell or distribute any of the matter
described in paragraph one hereof, after the service upon him of a
summons and complaint in an action brought by such officer of any
county, city, town or village pursuant to this section is chargeable
with knowledge of the contents thereof.

6. The court, in its adjudication, may (1) grant the relief sought (2)
deny the relief sought or (3) enjoin the sale, further sale, display,
distribution, further distribution, acquisition, publication, or
possession of the material, to persons under the age of seventeen, upon
a finding that the material is of the kind described in paragraph a or b
of subdivision one of section 235.21 of the penal law.

Structure New York Laws