Does Section 235.10(1) of the North Carolina Code of Civil Procedure, which prohibits sex offenders from possessing obscene material, violate the constitution, or is unconstitutional?

"New York", United States of America

The following excerpt is from People v. Kirkpatrick, 316 N.Y.S.2d 37, 64 Misc.2d 1055 (N.Y. City Ct. 1970):

The defendants have attacked the constitutionality of 235.10(1). It would appear that its constitutional validity has not been tested by the courts of this state. The prosecution, of course, relies on it to prove its prima facie case. The defendants argue that said 235.10(1) denies them due process, in that: although the legislature may provide that proof of one fact may constitute prima facie evidence of another; however, there is here 'no rational connection between the fact proved (i.e. selling, or possessing obscene material with intent to sell) and the ultimate fact presumed (i.e. knowledge of the material's contents and character'), citing Tot v. United States, 319 U.S. 463, 467--468, 63 S.Ct. 1241, 1245, 87 L.Ed. 1519 (1943).

Other Questions


Does the Government violate Section 1471 of the Civil Code of Civil Procedure by failing to provide counsel with all materials in the possession of the Attorney General's office that contain potentially exculpatory material? (MultiRegion, United States of America)
Is Section 2423(b) of the Civil Code of Civil Procedure unconstitutional because it prohibits travel in interstate commerce for the purpose of engaging in any sexual act with a minor? (MultiRegion, United States of America)
Is section 134-9 of the Hawaii Civil Code of Civil Procedure a constitutional violation of the right to carry a handgun openly for self-defense? (MultiRegion, United States of America)
Does section 1431.2 of the California Civil Code prohibit damages under California Code of Civil Procedure section 877 from being calculated as "economic damages" rather than as damages for personal injury? (MultiRegion, United States of America)
Is there a qualified immunity in the context of a civil action brought by former Deputy First Minister of State John Rutherford, who was sued in his individual capacity for violating Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the test for a federal court to determine whether a section of the Civil Code of Civil Procedure has been interpreted as unconstitutional? (MultiRegion, United States of America)
Does Section 167(4) of the New York State Code of Civil Procedure apply to a plaintiff's claim under Section 167 of the Civil Rights Act? (MultiRegion, United States of America)
Does Section 876(c) of the Civil Code of Civil Procedure require a specific intent to threaten or otherwise constitute a specific threat? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the effect of section 6621 of the Civil Code of Civil Procedure when dealing with civil matters? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.