Section 1040.16 - Summary examination of material - Dismissal or show cause orderA. Upon the filing of the petition described in Section 1040.15 of this title, the court shall summarily examine the obscene material or child sexual abuse material.B. If the court finds no probable cause to believe it is obscene material or child sexual abuse material, the court shall dismiss the petition.C. If the court finds probable cause to believe it is obscene material or child sexual abuse material, the court shall immediately issue an order or rule to show cause why it should not be adjudicated to be obscene material or child sexual abuse material.D. The order or rule to show cause shall be:1. Directed against it by name or description;2. If their names and addresses are known, served personally in the manner provided in this act for the service of process or in any manner now or hereafter provided by law, upon its author, publisher, and any other person interested in sending or causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution, and on any person in this state preparing, selling, exhibiting or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away; and3. Returnable six (6) days after its service.Okla. Stat. tit. 21, § 1040.16
Amended by Laws 2024 , c. 59, s. 24, eff. 11/1/2024.Laws 1968, SB 185, c. 121, § 6, emerg. eff. 4/4/1968; Amended by Laws 2000 , HB 2104, c. 208, § 17, eff. 11/1/2000.