7.48A.040 - Maintenance of moral nuisance -- Fine -- Maximum.

Maintenance of moral nuisance — Fine — Maximum.

(1) No person shall with knowledge maintain a moral nuisance.

     (2) Upon a determination that a defendant has with knowledge maintained a moral nuisance, the court shall impose a civil fine and judgment of an amount as the court shall determine to be appropriate. In imposing the civil fine, the court shall consider the wilfulness of the defendant's conduct and the profits made by the defendant attributable to the lewd matter, lewdness, or prostitution, whichever is applicable. In no event shall the civil fine exceed the greater of twenty-five thousand dollars or these profits.

[1985 c 235 § 1; 1982 c 184 § 4.]

Notes: Severability -- 1985 c 235: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 235 § 4.]