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PARRIS N. GLENDENING, Governor
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Ch. 26
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(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO:
(1) FOR A FIRST VIOLATION, IMPRISONMENT NOT EXCEEDING 1 YEAR
OR A FINE NOT EXCEEDING $1,000 OR BOTH; AND
(2) FOR EACH SUBSEQUENT VIOLATION, IMPRISONMENT NOT
EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $5,000 OR BOTH.
(C) INJUNCTION.
(1) THE STATE'S ATTORNEY MAY MAINTAIN AN ACTION FOR AN
INJUNCTION IN THE CIRCUIT COURT AGAINST A PERSON TO PREVENT THE SALE,
FURTHER SALE, DISTRIBUTION, FURTHER DISTRIBUTION, ACQUISITION,
PUBLICATION, OR POSSESSION WITHIN THE STATE OF ANY BOOK, MAGAZINE,
PAMPHLET, NEWSPAPER, STORY PAPER, WRITING PAPER, PICTURE, CARD, DRAWING,
PHOTOGRAPH, MOTION PICTURE FILM OR SHOWING, OR ANY ARTICLE OR
INSTRUMENT THE USE OF WHICH IS OBSCENE.
(2) THE CIRCUIT COURT MAY ENJOIN THE SALE OR DISTRIBUTION OF A
BOOK, MAGAZINE, MOTION PICTURE FILM OR SHOWING, OR OTHER PUBLICATION OR
ITEM THAT IS PROHIBITED UNDER THIS SECTION FROM SALE OR DISTRIBUTION.
(3) AFTER BEING SERVED A SUMMONS AND COMPLAINT IN AN ACTION
BY THE STATE'S ATTORNEY UNDER THIS SECTION, A PERSON WHO SELLS,
DISTRIBUTES, OR ACQUIRES THE ENJOINED MATERIAL IS CHARGEABLE WITH
KNOWLEDGE OF THE CONTENTS OF THE MATERIALS DESCRIBED IN THIS SECTION.
(4) THE DEFENDANT IS ENTITLED TO A TRIAL OF THE ISSUES WITHIN 1
DAY AFTER JOINDER OF ISSUE.
(5) THE COURT SHALL RENDER A DECISION WITHIN 2 DAYS AFTER THE
CONCLUSION OF THE TRIAL.
(6) IF AN ORDER OR JUDGMENT IS ENTERED IN FAVOR OF THE STATE'S
ATTORNEY, THE FINAL ORDER OR JUDGMENT SHALL CONTAIN PROVISIONS:
(I) DIRECTING THE PERSON TO SURRENDER THE OBSCENE
MATTER TO THE PEACE OFFICER DESIGNATED BY THE COURT OR THE COUNTY
SHERIFF; AND
(II) DIRECTING THE PEACE OFFICER OR COUNTY SHERIFF TO SEIZE
AND DESTROY THE OBSCENE MATTER
(7) IN AN ACTION BROUGHT UNDER THIS SECTION, THE STATE'S
ATTORNEY IS NOT:
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(I) REQUIRED TO FILE A BOND BEFORE AN INJUNCTION ORDER IS
ISSUED;
(II) LIABLE FOR COSTS; OR
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- 765 -
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