Cite as: 21 CNCA § 1040.18

A. The Court shall conduct the trial in accordance with the rules of civil procedure applicable to the trial of cases by the Court without a jury.

B. The Court shall receive evidence at the trial, including the testimony of experts, pertaining, but not limited, to:

1. whether, to the average person, applying contemporary community standards, the dominant theme of the mailable matter taken as a whole is to prurient interest;

2. the artistic, literary, scientific and educational merits of the mailable matter considered as a whole;

3. the intent of the author and publisher in preparing, writing and publishing the mailable matter;

4. the appeal to prurient interest, or absence thereof, in advertising or other promotion of the mailable matter.

Historical Data

LA 20–08, eff. January 12, 2009. Amended LA 09–12, eff. May 23, 2012.