North Carolina Statutes

Chapter 19 Offenses Against Public Morals

Article 1 - Abatement of Nuisances.

  • § 19-1   What are nuisances under this Chapter
    (a) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place for the purpose of assignation, prostitution, gambling, illegal possession or...
  • § 19-1.1   Definitions
    As used in this Chapter relating to illegal possession or sale of obscene matter or to the other conduct prohibited in G.S. 19‑1(a), the following...
  • § 19-1.2   Types of nuisances
    The following are declared to be nuisances wherein obscene or lewd matter or other conduct prohibited in G.S. 19‑1(a) is involved: (1) Any and every...
  • § 19-1.3   Personal property as a nuisance; knowledge of nuisance
    The following are also declared to be nuisances, as personal property used in conducting and maintaining a nuisance under this Chapter: (1) All moneys paid...
  • § 19-1.4   Liability of successive owners for continuing nuisance
    After notice of a temporary restraining order, preliminary injunction, or permanent injunction, every successive owner of property who neglects to abate a continuing nuisance upon,...
  • § 19-1.5   Abatement does not preclude action
    The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. (1977, c. 819, s. 3.)
  • § 19-2   Repealed by Session Laws 1977, c. 819, s. 4
  • § 19-2.1   Action for abatement; injunction
    Wherever a nuisance is kept, maintained, or exists, as defined in this Article, the Attorney General, district attorney, county, municipality, or any private citizen of...
  • § 19-2.2   Pleadings; jurisdiction; venue; application for preliminary injunction
    The action, provided for in this Chapter, shall be brought in the superior court of the county in which the property is located. Such action...
  • § 19-2.3   Temporary order restraining removal of personal property from premises; service; punishment
    Where such application for a preliminary injunction is made, the court may, on application of the complainant showing good cause, issue an ex parte temporary...
  • § 19-2.4   Notice of hearing on preliminary injunction; consolidation
    A copy of the complaint, together with a notice of the time and place of the hearing of the application for a preliminary injunction, shall...
  • § 19-2.5   Hearing on the preliminary injunction; issuance
    If upon hearing, the allegations of the complaint are sustained to the satisfaction of the court, the court shall issue a preliminary injunction restraining the...
  • § 19-3   Priority of action; evidence
    (a) The action provided for in this Chapter shall be set down for trial at the first term of the court and shall have precedence...
  • § 19-4   Violation of injunction; punishment
    In case of the violation of any injunction granted under the provisions of this Chapter, the court, or, in vacation, a judge thereof, may summarily...
  • § 19-5   Content of final judgment and order
    If the existence of a nuisance is admitted or established in an action as provided for in this Chapter an order of abatement shall be...
  • § 19-6   Civil penalty; forfeiture; accounting; lien as to expenses of abatement; invalidation of lease
    Lewd matter is contraband, and there are no property rights therein. All personal property, including all money and other considerations, declared to be a nuisance...
  • § 19-6.1   Forfeiture of real property
    In all actions where a preliminary injunction, permanent injunction, or an order of abatement is issued pursuant to this Article in which the nuisance consists...
  • § 19-7   How order of abatement may be canceled
    If the owner appears and pays all cost of the proceeding and files a bond, with sureties to be approved by the clerk, in the...
  • § 19-8   Costs
    The prevailing party shall be entitled to his costs. The court shall tax as part of the costs in any action brought hereunder such fee...
  • § 19-8.1   Immunity
    The provisions of any criminal statutes with respect to the exhibition of, or the possession with the intent to exhibit, any obscene film shall not...
  • § 19-8.2   Right of entry
    Authorized representatives of the Commission for Public Health, any local health department or the Department of Health and Human Services, upon presenting appropriate credentials to...
  • § 19-8.3   Severability
    If any section, subsection, sentence, or clause of this Article is adjudged to be unconstitutional or invalid, such adjudication shall not affect the validity of...

Article 2 - Civil Remedy for Sales of Harmful Materials to Minors.

  • § 19-9   Title
    This Article shall be known and cited as the North Carolina Law on the Protection of Minors from Harmful Materials. (1969, c. 1215, s. 1.)
  • § 19-10   Purposes
    The purposes of this Article are to provide district attorneys with a speedy civil remedy for obtaining a judicial determination of the character and contents...
  • § 19-11   Public policy
    The public policy of this State requires that all proceedings prescribed in this Article shall be examined, heard and disposed of with the maximum promptness...
  • § 19-12   Definitions
    As used within this Article, the following definitions shall apply: (1) "Harmful Material". a. Any picture, photograph, drawing, or similar visual representation or image of...
  • § 19-13   Commencement of civil proceeding
    (a) Whenever the district attorney for any prosecutorial district has reasonable cause to believe that any person is engaged in selling, distributing or disseminating in...
  • § 19-14   Filing and form of complaint
    The action authorized by this Article shall be commenced by the filing of a complaint to which shall be attached, as an exhibit, a true...
  • § 19-15   Examination by the court; probable cause; service of summons
    (a) Upon the filing of a complaint pursuant to this Article, the district attorney shall present the same, together with attached exhibits, as soon as...
  • § 19-16   Appearance and answer; default judgment
    (a) On or before the return date specified in the summons issued pursuant to this Article, or within 15 days after the service of such...
  • § 19-17   Trial
    (a) Upon the expiration of the time for filing answers by all respondents, but not later than the return date specified in the summons, the...
  • § 19-18   Judgment; limitation to district
    (a) In the event that the court or jury, as the case may be, fails to find the material attached as an exhibit to the...
  • § 19-19   Injunctions
    (a) If the court finds probable cause to believe the exhibited material to be harmful to minors, and so enters an order, the court may,...
  • § 19-20   Contempt; defenses; extradition
    (a) Any respondent, or any officer, agent, servant, employee or attorney of such respondent, or any person in active concert or participation by contract or...
  • § 19-21   Repealed by Session Laws 1971, c. 528, s. 9