2005 Idaho Code - 18-1520 — DISTRICT COURTS -- INJUNCTIONS -- TRIAL -- ORDERS OF INJUNCTION

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 15
                        CHILDREN AND VULNERABLE ADULTS
    18-1520.  DISTRICT COURTS -- INJUNCTIONS -- TRIAL -- ORDERS OF INJUNCTION.
The district courts have jurisdiction to enjoin the sale or distribution of
material harmful to minors, and to direct the seizure and destruction of the
same, as hereinafter specified:
    1.  The prosecuting attorney of any county in which a person, firm, or
corporation sells, distributes or promotes, or is about to sell, distribute or
promote, or has in his possession with intent to sell, distribute or promote,
or is about to acquire possession with intent to sell, distribute or promote,
any material harmful to minors, may maintain an action in the name of the
state of Idaho for an injunction against such person, firm, or corporation in
the district court of that county to prevent the sale, distribution or
promotion, or further sale, distribution, or promotion, or the acquisition or
possession of any material harmful to minors.
    2.  The person, firm or corporation sought to be enjoined shall be
entitled to a trial of the issues within one (1) day after joinder of issue
and a decision shall be rendered by the court within two (2) days of the
conclusion of the trial.
    3.  In the event that a final order or judgment of injunction be entered
in favor of the state of Idaho and against the person, firm, or corporation
sought to be enjoined, such final order or judgment shall contain a provision
directing the person, firm or corporation to cease and desist from the sale of
all materials adjudged to be harmful to minors.
    4.  Such final order or judgment of injunction shall not enjoin or
prohibit a person, firm or corporation from sale, distribution or promotion of
material harmful to minors to persons other than minors, nor shall it order
the seizure and destruction of material harmful to minors unless the court
finds and concludes that the person, firm or corporation has been selling,
distributing or promoting, or intends to sell, distribute or promote such
material to minors.
    5.  In any action brought as herein provided the state of Idaho shall not
be required to file any undertaking before the issuance of an injunction
order, shall not be liable for costs, and shall not be liable for damages
sustained by reason of the injunction order in cases where judgment is
rendered in favor of the person, firm or corporation sought to be enjoined.
    6.  Every person, firm, or corporation who sells, distributes, or
promotes, or acquires possession with intent to sell, distribute, or promote
any material harmful to minors, after the service upon him of a summons and
complaint in an action brought pursuant to this section, is chargeable with
knowledge of the contents thereof.