76-10-1209 - Injunctive relief -- Jurisdiction -- Consent to be sued.
76-10-1209. Injunctive relief -- Jurisdiction -- Consent to be sued.
(1) The district courts of this state shall have full power, authority, and jurisdiction, uponapplication by any county attorney or city attorney within their respective jurisdictions or theattorney general, to issue any and all proper restraining orders, preliminary and permanentinjunctions, and any other writs and processes appropriate to carry out and enforce the provisionsof this part. No restraining order or injunction, however, shall issue except upon notice to theperson sought to be enjoined. That person shall be entitled to a trial of the issues commencingwithin three days after filing of an answer to the complaint and a decision shall be rendered bythe court within two days after the conclusion of the trial. If a final order or judgment ofinjunction is entered against the person sought to be enjoined, this final order or judgment shallcontain a provision directing the person to surrender to the sheriff of the county in which theaction was brought any pornographic material in the person's possession which is subject to theinjunction; and the sheriff shall be directed to seize and destroy this material.
(2) Any person not qualified to do business in the state who sends or brings anypornographic material into the state with the intent to distribute or exhibit it to others in this stateconsents that the person may be sued in any proceedings commenced under this section.
Amended by Chapter 43, 2010 General Session