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2018 Georgia Code 16-12-83 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-12-83 Case Law from Google Scholar Amendments to OCGA 16-12-83

TITLE 16 CRIMES AND OFFENSES

Section 12. Offenses Against Public Health and Morals, 16-12-1 through 16-12-191.

ARTICLE 3 OBSCENITY AND RELATED OFFENSES

16-12-83. Contraband.

Any materials declared to be obscene by this part and advertisements for such materials are declared to be contraband.

(Code 1933, § 26-2104, enacted by Ga. L. 1971, p. 344, § 3.)

JUDICIAL DECISIONS

Obscene materials are not contraband per se since mere possession of obscene materials is not illegal. Warshaw v. Eastman Kodak Co., 148 Ga. App. 670, 252 S.E.2d 182 (1979).

Materials become contraband when they are declared obscene by a fact finder or through a pre-seizure adversary hearing. Lee v. City of Rome, 866 F. Supp. 545 (N.D. Ga. 1994).

Forfeiture of nonobscene materials improper.

- Trial court erred in ordering forfeiture of five videocassette recorders used to copy pornographic videotapes because the videotapes are not inherently illegal. The General Assembly did not include in the contraband statute any other properties which might be seized or used as evidence in the prosecution of a charge of distributing obscene materials. This express provision indicates by silence that no others were intended to be swept into the net. Seaman v. State, 196 Ga. App. 634, 396 S.E.2d 525 (1990).

Proof necessary for return of seized material.

- Defendant in trover action for return of allegedly obscene material must show it was contraband. Warshaw v. Eastman Kodak Co., 148 Ga. App. 670, 252 S.E.2d 182 (1979).

RESEARCH REFERENCES

ALR.

- Constitutional guaranties of freedom of speech and of the press as applied to statutes and ordinances providing for licensing or otherwise regulating distribution of printed matter or solicitation of subscriptions therefor, 127 A.L.R. 962.

Modern concept of obscenity, 5 A.L.R.3d 1158.

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