O.C.G.A.

O.C.G.A. § 16-12-83 (2019)

Contraband

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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

History

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

Annotations

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 Ga. App. LEXIS 1602 (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, 1994 U.S. Dist. LEXIS 15053 (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 Ga. App. LEXIS 996 (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 Ga. App. LEXIS 1602 (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.

Notes of Decisions

Cited in 2 cases, 1990–1994 · leading case: Seaman v. State, 396 S.E.2d 525 (Ga. Ct. App. 1990).

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Seaman v. State, 396 S.E.2d 525 (Ga. Ct. App. 1990). · cites it 4× “It was not a proceeding in rem, and according to the record (there is no transcript), only the two attorneys were present for hearing, on the day after the motion was made and the rule nisi signed. The obscene materials which figured in this case became, by statute, contraband…”

Lee v. City of Rome, Ga., 866 F. Supp. 545 (N.D. Ga. 1994). · cites it 2× “O.C.G.A. § 16-12-83 (emphasis supplied). Under Georgia law, obscene materials are not contraband per se.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.