Arizona Revised Statutes

Ariz. Rev. Stat. § 12-816 (2026)

Content of judgment and order

✓ current as of May 2026
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If the existence of a nuisance is admitted or established in an action pursuant to this article, an order of abatement shall be entered as a part of the judgment in the case. The order of abatement shall direct the removal from the place of the motion picture or pictorial publication found to be obscene and items directly related to such motion picture film or pictorial publication and shall direct the sheriff of the county in which the action was brought to seize and destroy such film, publication and other items directly related to such film or publication including, but not limited to, promotional material for such film or publication and printing plates used to print the publication.

Notes of Decisions
Cited in 3 cases, 1950–1984 · leading case: State v. Book-Cellar, Inc., 679 P.2d 548 (Ariz. Ct. App. 1984).
State v. Book-Cellar, Inc., 679 P.2d 548 (Ariz. Ct. App. 1984). · cites it 11× “§ 12-815(B), and the provision for an order of abatement, A.R.S. § 12-816, were overbroad and constituted an illegal prior restraint because they authorized the seizure and destruction of items which had not been adjudged to be obscene.”
State v. Book-Cellar, Inc., 679 P.2d 548 (Ariz. Ct. App. 1984). · cites it 11× “§ 12-815(B), and the provision for an order of abatement, A.R.S. § 12-816, were overbroad and constituted an illegal prior restraint because they authorized the seizure and destruction of items which had not been adjudged to be obscene.”
Eide v. Frohmiller, 216 P.2d 726 (Ariz. 1950). “1939, § 12-816] is not a legal claim against the public employees’ retirement fund and that no duty devolves upon appellee to draw a warrant for the payment thereof.”
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