Page:Revised Codes of the State of North Dakota 1895.pdf/1311

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Obscene Literature.
PENAL CODE.
§§ 7208-7213

irrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken.

$ 7208. Summary disposition of same. The magistrate to whom any obscene or indecent writing, paper, book, picture, print or figure is delivered pursuant to the foregoing section, shall, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such examination, determine the character of such writing, paper, book, picture, print or figure, and if he finds it to be obscene or indecent, he shall cause the same to be destroyed or to be delivered to the state's attorney of the county in which the accused is liable to indictment or trial, as the interests of justice in his judgment require. But not more than two copies of any one writing, paper, book, picture, print or figure, shall be delivered to the state's attorney.

§ 7209. Articles to be destroyed. Upon the conviction of the aciused, such state's attorney shall cause any writing, paper, book, picture, print or figure, in respect whereof the accused stands convicted and which remains in the possession or under the control of such state's attorney, to be destroyed.

§ 7210. Keeping bawdy house. Every person who keeps any bawdy house, house of ill fame, of assignation or of prostitution, or any other house or place for persons to visit for unlawful sexual intercourse or for any other lewd, obscene indecent purpose, is guilty of a misdemeanor.

§ 7211. Disorderly house. Every person who keeps any disorderly house or any house of public resort by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed, is guilty of a misdemeanor.

§ 7212. Letting building for unlawful purposes. Every person who lets any building or portion of any building knowing that it is intended to be used for any purpose declared punishable by this chapter, or who otherwise permits any building or portion of a building to be so used, is guilty of a misdemeanor.

CHAPTER 35.

SALE OF OBSCENE LITERATURE TO MINORS.

§ 7213. Delivery of obscene literature to children. Every person who, either:

1. Sells, lends, gives away or shows to a child, or,

2. Has in his possession with intent to sell, lend, give away or show to a child; or,

3. Advertises or otherwise offers for loan, gift or distribution to a child; or,

4. Exhibits upon any street or highway or in any place within the view of a child, or,

5. Hires, uses or employs a child to sell, give away or in any manner to distribute; or, 1277