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 as a predominant and 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 principal or substantial 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 controlled substances 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 controlled substances as defined in the North Carolina Controlled Substances Act, or prostitution, are held or occur. (1977, c. 819, s. 3; 1981, c. 412, s. 4; c. 747, s. 66; 1999-371, s. 3.)
Notes of Decisions
State Ex Rel. Andrews v. Chateau X, Inc., 250 S.E.2d 603 (N.C. 1979).
· cites it 6× “As the State points out, G.S. 19-1.2 [2] defines nuisances in terms of businesses that regularly display or sell lewd material and the obscene matter itself.”
State Ex Rel. Onslow Cnty. v. Mercer, 496 S.E.2d 585 (N.C. Ct. App. 1998).
· cites it 3× “§ 19-1, entitled “What Are Nuisances Under This Chapter,” provides: (а) The erection, establishment, continuance, maintenance, use, ownership of leasing of any building or place for the purpose of assignation, prostitution, gambling, illegal possession or sale of alcohalic…”
State Ex Rel. Gilchrist v. Hurley, 269 S.E.2d 646 (N.C. Ct. App. 1980).
· cites it 2× “Included among the types of nuisances catalogued in G.S. § 19-1.2 is the following: (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 intoxicating liquor, the illegal possession…”
State Ex Rel. Albright v. Arellano, 599 S.E.2d 415 (N.C. Ct. App. 2004).
· cites it 2× “§ 19-1.3 (3) (2003). Section 19-6 provides for forfeiture of all moneys that are declared to be a nuisance: An amount equal to the sum of all moneys estimated to have been taken in as gross income from such unlawful commercial activity shall be forfeited to the general funds of…”
State v. Richardson, 300 S.E.2d 379 (N.C. 1983).
“Such reliance on Gilchrist is misplaced since Gilchrist concerned the construction of G.S. 19-1.2, a nuisance statute, and not a criminal statute.”
— N.C. Gen. Stat. § 19-1.2(5) — 1 case
State Ex Rel. Andrews v. Chateau X, Inc., 250 S.E.2d 603 (N.C. 1979).
“As the State points out, G.S. 19-1.2 [2] defines nuisances in terms of businesses that regularly display or sell lewd material and the obscene matter itself.”
— N.C. Gen. Stat. § 19-1.2(6) — 1 case
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