Page:1971 North Dakota Session Laws.pdf/218

218 SECTION 2. AMENDMENT.) Section 12-21-09 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

12-21-09. BUYING, SELLING, DISTRIBUTING, EXHIBITING, PREPARING, POSSESSION OF, OR BRINGING INTO STATE ANY EQUIPMENT FOR PREPARING, LEWD AND OBSCENE MATTER - DISTRIBUTION OF INDECENT ARTICLES - TIE-IN SALES.) No person, firm, copartnership, or corporation shall buy, sell, cause to be sold, advertised, lend, give away, offer, show, exhibit, distribute, cause to be distributed, or design, copy, draw, photograph, print, etch, engrave, cut, carve, make, publish, prepare, assist in preparing, solicit or receive subscriptions for, or hold in possession with intent to sell, lend, give away, offer, show, exhibit, distribute, or cause to be distributed, or bring or cause to be brought into the state any obscene, lewd, salacious, or lascivious book, pamphlet, picture, paper, letter, magazine, newspaper, writing, print, printing, film, negative, transcription, wire or tape recording, cast, cut, carving, figure, image, or other matter, article or instrument of indecent character or immoral use, or any equipment, machinery, or devices used or intended to be used in the preparation, manufacturing, or producing of such obscene matter and material. The trial court shall take into consideration and give due weight to the approval by the national association known as the "Comics Code Authority" or such association's successors, of any comic books or publications in question under sections 12-21-07, 12-21-09, and 12-21-11.

No person, firm, copartnership, or corporation shall as a condition to a sale or delivery for resale of any paper, magazine, book, periodical, or publication require that the purchaser or consignee receive for resale any other article, book, or other publication reasonably believed by the purchaser or consignee to be obscene, lewd, lascivious, filthy, indecent, or disgusting. The provisions of this section with respect to the exhibition of, or the possession with intent to exhibit, any obscene, lewd, salacious, or lascivious matter shall not apply to a motion picture projectionist acting within the scope of his employment as an employee of any person, firm, or corporation exhibiting motion pictures pursuant to, a license issued under the provisions of chapter 53-06, provided that such operator has no financial interest in his place of employment, other than wages.

SECTION 3. AMENDMENT.) Section 12-21-11 of the North Dakota Century Code is hereby amended and reenacted to read as follows:

12-21-11. SEIZURE AND CONFISCATION OF EQUIPMENT USED IN PRODUCTION OR MANUFACTURE OF INDECENT LITERATURE OR ARTICLES AND OF VEHICLES USED IN DISTRIBUTION OF INDECENT ARTICLES AUTHORIZED.) Any peace officer of this state may seize any equipment used in the printing, production, or manufacture of indecent and obscene