The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 063 : Obscenity

• § 2810. Commencement of civil action

  (a) Whenever a prosecuting officer within this State has cause to believe that any person is engaging in or is about to engage in this State in conduct prohibited by this chapter, he or she may institute a civil action in the Superior Court in the county wherein such act is believed to be taking place or about to take place seeking a declaratory judgment that the material involved is in fact harmful to minors and seeking an injunction against the prohibited conduct.

  (b) Any person who has or is about to disseminate, exhibit, publicly display, or display to minors the material involved in such a proceeding may, as a matter or right, intervene in the proceedings and shall thereupon have all of the rights of a party and shall be bound by a determination in the proceeding.

  (c) The provisions of the Vermont Rules of Civil Procedure shall apply to a proceeding hereunder except as otherwise provided or inconsistent with this chapter.

  (d) Upon the issuance of a search warrant pursuant hereto by a judge of a Superior Court of this State, a single copy of the material purportedly harmful to minors may be seized to secure and preserve evidence for civil and criminal proceedings under this chapter, subject to the following procedures:

  (1) If only a single copy of such material is available within the jurisdiction, the defendant shall provide a duplicate to or make that copy available for duplication by the prosecuting officer during such period when the material is not on sale or exhibition.

  (2) If only a single copy is available in the jurisdiction and circumstances prevent its duplication as provided for in subdivision (1) of this subsection, the prosecuting officer may, upon a showing of probable cause that such material will not be available at trial, obtain a special warrant for the sole purpose of duplicating the material to secure and preserve it as evidence. Application for the special warrant shall be on notice to defendant and include a statement setting out the circumstances which make duplication under subdivision (1) of this subsection impossible, the time and date the materials are to be seized and specify the time and date, not to exceed 24-hours after such seizure, when such material is to be returned. (Added 1973, No. 204 (Adj. Sess.), § 9.)