GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 468

Short Title:  Lewd Films/Nuisance.	(Public)
─────────────────────────────────────── 
Sponsors: Senators Staton, Johnson, and Sherron.
─────────────────────────────────────── 
Referred to:  Judiciary I.
─────────────────────────────────────── 

April 2, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT LEWD FILMS ARE INCLUDED IN THE DEFINITION OF NUISANCE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 19-1.2 reads as rewritten:
"§ 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 place in the State where lewd films are publicly exhibited in the  regular course of business, or possessed for the purpose of such exhibition;
(2)	Any and every place in the State where a lewd film is publicly and repeatedly exhibited, or possessed for the purpose of such exhibition;
(3)	Any and every lewd film which is publicly exhibited, or possessed for such purpose at a place which is a nuisance under this Article;
(4)	Any and every place of business in the State in which lewd publications constitute a part of the stock in trade;
(5)	Any and every lewd publication possessed at a place which is a nuisance under this Article;
(6)	Every place which, as a regular course of business is used for the purposes of lewdness, assignation, gambling, the illegal possession or sale of alcoholic beverages, the illegal possession or sale of narcotic drugs as defined in the North Carolina Controlled Substances Act, or prostitution, and every such place in or upon which acts of lewdness, assignation, gambling, the illegal possession or sale of alcoholic beverages, the illegal possession or sale of narcotic drugs as defined in the North Carolina Controlled Substances Act, or prostitution, are held or occur."
Sec. 2.  G.S. 19-2.1 reads as rewritten:
"§ 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, city, or any private citizen of the city or county may maintain a civil action in the name of the State of North Carolina to abate a nuisance under this Chapter, perpetually to enjoin all persons from maintaining the same, and to enjoin the use of any structure or thing adjudged to be a nuisance under this Chapter. 
If an action is instituted by a private person, the complainant shall execute a bond prior to the issuance of a restraining order or a temporary injunction, with good and sufficient surety to be approved by the court or clerk thereof, in an amount set by the court in its discretion, to secure to the party enjoined the damages he may sustain if such action is wrongfully brought, not prosecuted to final judgment, or is dismissed, or is not maintained, or if it is finally decided that the temporary restraining order or preliminary injunction ought not to have been granted. The party enjoined shall have recourse against said bond for all damages suffered, including damages to his property, or character and including reasonable attorney's fees incurred by him in making defense to said action. No bond shall be required of the Attorney General, district attorney, city or county, and no action shall be maintained against the public official, city or county for its action."
Sec. 3.  This act becomes effective October 1, 1991, and applies to offenses occurring on or after that date.