Section 571-B:4 Preliminary Hearing.
I. No recognized or established school, museum, public library or governmental agency, nor any person acting as an employee or agent of such institution, shall be arrested, charged or indicted for any violation of a provision of this chapter until such time as the material involved has first been the subject of an adversary hearing wherein such institution or person is made a defendant, and, after such material is declared by the court to be harmful to minors, such institution or person continues to engage in the conduct prohibited by this chapter. The sole issue at the hearing shall be whether the material is harmful to minors.
II. The adversary hearing prescribed in paragraph I of this section may be initiated only by complaint of the county attorney or the attorney general. Hearing on the complaint shall be held in the superior court of the county in which the alleged violation occurs. Notice of the complaint and of the hearing shall be given by registered mail or personal service. The notice shall state the nature of the violation, the date, place and time of the hearing, and the right to present and cross examine witnesses. In addition to the defendant, any other interested party may appear at the hearing in opposition to the complaint and may present and cross examine witnesses. For the purposes of this paragraph, the term ""interested party'' includes but is not limited to the manufacturer of the material alleged to be harmful to minors.
III. The state or any defendant may appeal from a judgment. Such appeal shall not stay the judgment. Any defendant engaging in conduct prohibited by this chapter subsequent to notice of the judgment finding the material to be harmful to minors shall be subject to criminal prosecution notwithstanding the appeal from the judgment.
Source. 1979, 397:1, eff. Aug. 22, 1979.