§ 21-1040.18. Trial - Evidence.  


Latest version.
  • (a) The court shall conduct the trial in accordance with the rules of civil procedure applicable to the trial of cases by the court without a jury.

    (b) The court shall receive evidence at the trial, including the testimony of experts, pertaining, but not limited, to:

    (1) whether, to the average person, applying contemporary community standards, the dominant theme of the mailable matter taken as a whole is to prurient interest;

    (2) the artistic, literary, scientific and educational merits of the mailable matter considered as a whole;

    (3) the intent of the author and publisher in preparing, writing and publishing the mailable matter;

    (4) the appeal to prurient interest, or absence thereof, in advertising or other promotion of the mailable matter.

Laws 1968, c. 121, § 8, emerg. eff. April 4, 1968.