New Hampshire Revised Statutes 571-B:4 – Preliminary Hearing
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I. No recognized or established school, museum, public library or governmental agency, nor any person acting as an employee or agent of such institution, shall be arrested, charged or indicted for any violation of a provision of this chapter until such time as the material involved has first been the subject of an adversary hearing wherein such institution or person is made a defendant, and, after such material is declared by the court to be harmful to minors, such institution or person continues to engage in the conduct prohibited by this chapter. The sole issue at the hearing shall be whether the material is harmful to minors.
II. The adversary hearing prescribed in paragraph I of this section may be initiated only by complaint of the county attorney or the attorney general. Hearing on the complaint shall be held in the superior court of the county in which the alleged violation occurs. Notice of the complaint and of the hearing shall be given by registered mail or personal service. The notice shall state the nature of the violation, the date, place and time of the hearing, and the right to present and cross examine witnesses. In addition to the defendant, any other interested party may appear at the hearing in opposition to the complaint and may present and cross examine witnesses. For the purposes of this paragraph, the term “interested party” includes but is not limited to the manufacturer of the material alleged to be harmful to minors.
III. The state or any defendant may appeal from a judgment. Such appeal shall not stay the judgment. Any defendant engaging in conduct prohibited by this chapter subsequent to notice of the judgment finding the material to be harmful to minors shall be subject to criminal prosecution notwithstanding the appeal from the judgment.
II. The adversary hearing prescribed in paragraph I of this section may be initiated only by complaint of the county attorney or the attorney general. Hearing on the complaint shall be held in the superior court of the county in which the alleged violation occurs. Notice of the complaint and of the hearing shall be given by registered mail or personal service. The notice shall state the nature of the violation, the date, place and time of the hearing, and the right to present and cross examine witnesses. In addition to the defendant, any other interested party may appear at the hearing in opposition to the complaint and may present and cross examine witnesses. For the purposes of this paragraph, the term “interested party” includes but is not limited to the manufacturer of the material alleged to be harmful to minors.
Terms Used In New Hampshire Revised Statutes 571-B:4
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Cross examine: Questioning of a witness by the attorney for the other side.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Harmful to minors: means that quality of any description or representation, in whatever form of sexual conduct, when it:
(a) Predominantly appeals to the prurient interest of minors in sex, that is, an interest in lewdness or lascivious thoughts;
(b) Depicts or describes sexual conduct in a manner so explicit as to be patently offensive to contemporary adult standards, in the county within which any offense set forth in this chapter was committed, with respect to what is suitable material for minors; and
(c) Lacks serious literary, artistic, political or scientific value. See New Hampshire Revised Statutes 571-B:1 - person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The state or any defendant may appeal from a judgment. Such appeal shall not stay the judgment. Any defendant engaging in conduct prohibited by this chapter subsequent to notice of the judgment finding the material to be harmful to minors shall be subject to criminal prosecution notwithstanding the appeal from the judgment.