Arizona Laws 12-817. Civil penalty; forfeiture; accounting
A. Obscene motion picture films and obscene pictorial publications pursuant to this article are contraband and are not subject to any property rights.
Terms Used In Arizona Laws 12-817
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Nuisance: means any place for the sale or exhibition of obscene motion picture films or pictorial publications. See Arizona Laws 12-811
- Property: includes both real and personal property. See Arizona Laws 1-215
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
B. Any and all monies received in payment for obtaining or viewing any obscene motion picture films and obscene pictorial publications are subject to forfeiture to the county in which the abatement action is brought as restitution for damages done to the public welfare, public health and public morals. Such monies may be traced to and shall be recoverable from those persons as set forth in section 12-812 who have knowledge of the nuisance, from and after the issuance of a preliminary injunction against the conduct of such persons pursuant to section 12-814.
C. Upon the issuance of a judgment pursuant to section 12-815, subsection B, the defendants named in such judgment shall make an accounting of all monies received by them in payment for obtaining or viewing obscene motion picture films or obscene pictorial publications subject to such judgment.