These statutes are listed for informational purposes only and we do not guarantee accuracy.

Alabama

§ 3-1-29. Activities relating to fighting of dogs prohibited; punishment; confiscation; procedures for disposition of animals.
(a) It shall be a Class C felony for any person:
(1) To own, possess, keep or train any dog with the intent that such  dog  shall be engaged in an exhibition of fighting with another dog;
(2) For amusement or gain, to cause any dog to fight with another  dog, or cause any dogs to injure each other;
(3) To permit any act in violation of subdivisions (1) and (2) of this  subsection.
(b) It shall be a Class C felony for any person to be knowingly present, as a spectator, at any place, building, or tenement where preparations are being

Alaska

Sec. 11.61.145 Promoting an exhibition of fighting animals.
(a) A person commits the crime of promoting an exhibition of fighting animals if the person
(1) owns, possesses, keeps, or trains an animal with intent that it be engaged in an exhibition of fighting animals;
(2) instigates, promotes, or has a pecuniary interest in an exhibition of fighting animals; or
(3) attends an exhibition of fighting animals.
(b) The animals, equipment, vehicles, money, and other personal property used by a person in a violation of (a)(1) or (2) of this section shall be forfeited to the state if the person is convicted of an offense under this section.
(c) In this section, "animal" means a vertebrate living creature not a human being, but does not include fish.
(d) Promoting an exhibition of fighting animals
(1) under (a)(1) or (2) of this section is a class C felony;
(2) under (a)(3) of this section is a violation for the first offense and a class B misdemeanor for the second and each subsequent offense.

Arizona

§ 13-2910.02. Presence at dog fight; classification
Any person who is knowingly present at any place or building where preparations are being made for
an exhibition of the fighting of dogs, or is present at such exhibition, is guilty of a class 6 felony.

§ 13-2910.01. Dog fighting; classification
A. A person commits dog fighting by knowingly:
1. Owning, possessing, keeping or training any dog with the intent that such dog engage in an exhibition of fighting with another dog.
2. For amusement or gain, causing any dog to fight with another dog, or causing any  dogs to injure each other.
3. Permitting any act in violation of paragraph 1 or 2 to be done on any premises under his charge or control.
B. Dog fighting is a class 5 felony.

Arkansas

5-62-120 Unlawful dog fighting.
(a)(1) A person commits the offense of unlawful dog fighting in the first degree if he knowingly:
(A) Promotes, engages in, or is employed at dog fighting; or
(B) Receives money for the admission of another person to a place kept for dog fighting; or
(C) Sells, purchases, possesses, or trains a dog for dog fighting.
(2) Unlawful dog fighting in the first degree is a Class D felony.
(b)(1) A person commits the offense of unlawful dog fighting in the second degree if he knowingly:
(A) Purchases a ticket of admission to or is present at a dog fight; or
(B) Witnesses a dog fight if it is presented as a public spectacle.
(2) Unlawful dog fighting in the second degree is a Class A misdemeanor.
(c) Upon the arrest of any person for violating the provisions of this section, the arresting law enforcement officer or animal control officer shall have the authority to seize and take custody of all   dogs in the possession of the arrested person.
(d) Upon the conviction of any person for violating the provisions of this section, any court of competent jurisdiction shall have the authority to order the forfeiture by the convicted person of all  dogs the use of which was the basis of the conviction. Any dogs ordered forfeited under the provisions of this subsection shall be placed in the custody of a society which is incorporated for the prevention of cruelty to animals, or an animal control agency.
(e) In addition to the fines, penalties, and forfeitures imposed under the provisions of this section, the court may require the defendant to make restitution to the state, any of its political subdivisions, or a society which is incorporated for the prevention of cruelty to animals for housing, feeding, or providing medical treatment to dogs used for unlawful dog fighting.

California

§ 597.5. Fighting dogs; felony; punishment; spectators; misdemeanor; exceptions
(a) Any person who does any of the following is guilty of a felony and is punishable by imprisonment in a state prison for 16 months, or two or three years, or by a fine not to exceed fifty thousand dollars ($50,000), or by both such fine and imprisonment:
(1) Owns, possesses, keeps, or trains any dog, with the intent that the dog shall be engaged in an exhibition of fighting with another dog.
(2) For amusement or gain, causes any dog to fight with another dog, or causes any   dogs to injure each other.
(3) Permits any act in violation of paragraph (1) or (2) to be done on any premises under his or her charge or control, or aids or abets that act.
(b) Any person who is knowingly present, as a spectator, at any place, building, or tenement where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at those preparations, or is knowingly present at that exhibition or at any other fighting or injuring as described in paragraph (2) of subdivision (a), with the intent to be present at that exhibition, fighting, or injuring, is guilty of a misdemeanor.
(c) Nothing in this section shall prohibit any of the following:
(1) The use of dogs in the management of livestock, as defined by Section 14205 of the Food and Agricultural Code, by the owner of the livestock or his or her employees or agents or other persons in lawful custody thereof.
(2) The use of dogs in hunting as permitted by the Fish and Game Code, including, but not limited to, Sections 3286, 3509, 3510, 4002, and 4756, and by the rules and regulations of the Fish and Game Commission.
(3) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

Colorado

§ 18-9-204. Animal-fighting--penalty
(1)(a) No person shall cause, sponsor, arrange, hold, or encourage a fight between animals for the purpose of monetary gain or entertainment.
(b) For the purposes of this section, a person encourages a fight between animals for the purpose of monetary gain or entertainment if he:
(I) Is knowingly present at or wagers on such a fight;
(II) Owns, trains, transports, possesses, or equips an animal with the intent that such animal will be engaged in such a fight;
(III) Knowingly allows any such fight to occur on any property owned or controlled by him;
(IV) Knowingly allows any animal used for such a fight to be kept, boarded, housed, or trained on, or transported in, any property owned or controlled by him;
(V) Knowingly uses any means of communication for the purpose of promoting such a fight;  or
(VI) Knowingly possesses any animal used for such a fight or any device intended to enhance the animal's fighting ability.
(2) Any person who violates the provisions of this section commits a class 5 felony and, in addition to the punishment provided in section 18-1-105, may be punished by a fine of up to one thousand dollars. Any person committing a second or subsequent violation of this section commits a class 4 felony and, in addition to the punishment provided in section 18-1-105, may be punished by a fine of up to five thousand dollars.
(3) Nothing in this section shall prohibit normal hunting practices as approved by the division of wildlife.
(4) Nothing in this section shall be construed to prohibit the training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.

Connecticut

§ 53-247. Cruelty to animals. Fighting animals. Intentional killing of police animal
(a) Any person who overdrives, drives when overloaded, overworks, tortures, deprives of necessary
sustenance, mutilates or cruelly beats or kills or unjustifiably injures any animal, or who, having
impounded or confined any animal, fails to give such animal proper care or neglects to cage or
restrain any such animal from doing injury to itself or to another animal or fails to supply any such
animal with wholesome air, food and water, or unjustifiably administers any poisonous or noxious drug
or substance to any domestic animal or unjustifiably exposes any such drug or substance, with intent
that the same shall be taken by an animal, or causes it to be done, or, having charge or custody of
any animal, inflicts cruelty upon it or fails to provide it with proper food, drink or protection from the
weather or abandons it or carries it or causes it to be carried in a cruel manner, or fights with or
baits, harasses or worries any animal for the purpose of making it perform for amusement, diversion or
exhibition, shall be fined not more than one thousand dollars or imprisoned not more than one year or
both.
(b) Any person who maliciously and intentionally maims, mutilates, tortures, wounds or kills an
animal shall be fined not more than five thousand dollars or imprisoned not more than five years or
both. The provisions of this subsection shall not apply to any licensed veterinarian while following
accepted standards of practice of the profession or to any person while following approved methods of
slaughter under section 22-272a, while performing medical research as an employee of, student in or
person associated with any hospital, educational institution or laboratory, while following generally
accepted agricultural practices or while lawfully engaged in the taking of wildlife.
(c) Any person who knowingly (1) owns, possesses, keeps or trains an animal engaged in an
exhibition of fighting for amusement or gain, (2) possesses, keeps or trains an animal with the intent
that it be engaged in an exhibition of fighting for amusement or gain, (3) permits an act described in
subdivision (1) or (2) of this subsection to take place on premises under his control, (4) acts as judge
or spectator at an exhibition of animal fighting for amusement or gain, or (5) bets or wagers on the
outcome of an exhibition of animal fighting for amusement or gain, shall be fined not more than five
thousand dollars or imprisoned not more than five years or both.
(d) Any person who intentionally kills any animal while such animal is in the performance of its duties
under the supervision of a peace officer, as defined in section 53a-3, shall be fined not more than five
thousand dollars or imprisoned not more than five years or both.

Delaware

§ 1326 Animals; fighting and baiting prohibited.
(a) A person who owns, possesses, keeps or uses any bull, bear, dog, cock or other animal, or fowl, for the purpose of fighting or baiting; or a person who is party to or who causes any such  fighting or baiting of any bear, dog, cock or other animal, or fowl; or a person who shall rent
or otherwise obtain the use of a building, shed, room, yard, ground or premises for the purpose of  fighting or baiting any animal or fowl, or shall knowingly suffer or permit the use of any building, shed, room, yard, ground or premises belonging to the person or under the person's control, for any of the purposes described in this section, shall be guilty of a class A misdemeanor.
(b) A person who is present at a building, shed, room, yard, ground or premises where preparations are being made for any exhibition prohibited by this section, knowing that such exhibition is taking place or about to take place is guilty of a class B misdemeanor.
(c) All animals, equipment, devices and money involved in a violation of this section shall be forfeited to the State. Animals so forfeited shall be disposed of in a humane manner.
(d) No prosecution for any offense under this section shall be commenced after 1 year from the commission of such offense.

District of Columbia

§ 22-1110 Urging dogs to fight or create disorder.
It shall not be lawful for any person or persons to entice, induce, urge, or cause any dogs to engage in a fight in any street, alley, road, or highway, open space, or public square in the District of Columbia, or to urge, entice, or cause such dogs to continue or prolong such fight,
under a penalty of not more than $1,000 for each and every offense; and any person or persons who shall induce or cause any animal of the dog kind to run after, bark at, frighten, or bite any person, horse, or horses, cows, cattle of any kind, or other animals lawfully passing along or standing in or on any street, avenue, road, or highway, or alley in the District of Columbia, shall forfeit and pay for such offense a sum not exceeding $1,000.

§ 22-810 Penalty for engaging in cockfighting or animal fighting.
Any person who sets on foot, instigates, promotes, carries on, or does any act, as assistant, umpire, or principal, or attends or in any way engages in the furtherance of any fight between cocks,,fowls, or other birds, or dogs, bulls, bears, or other animals, premeditated by any persons owning or having custody of such birds or animals, is guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment in jail not more than 180 days, or both.

§ 22-1508 Gambling pools and bookmaking; athletic contest defined.
It shall be unlawful for any person, or association of persons, within the District of Columbia to purchase, possess, own, or acquire any chance, right, or interest, tangible or intangible, in any policy lottery or any lottery, or to make or place a bet or wager, accept a bet or wager, gamble or make books or pools on the result of any athletic contest. For the purpose of this section, the term "athletic contest" means any of the following, wherever held or to be held: a football, baseball, softball, basketball, hockey, or polo game, or a tennis, golf, or wrestling match, or a tennis or golf tournament, or a prize fight or boxing match, or a trotting or running race of horses, or a running race of  dogs, or any other athletic or sporting event or contest. Any person or association of persons violating this section shall be fined not more than $1,000 or imprisoned not more than 180 days, or both.

Florida

828.12. Cruelty to animals
(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or both.
(2) A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.
(3) A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this section. Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her part in an investigation of cruelty to animals.

849.14. Unlawful to bet on result of trial or contest of skill, etc.
Whoever stakes, bets or wagers any money or other thing of value upon the result of any trial or contest of skill, speed or power or endurance of human or beast, or whoever receives in any manner whatsoever any money or other thing of value staked, bet or wagered, or offered for the purpose of being staked, bet or wagered, by or for any other person upon any such result, or whoever knowingly becomes the custodian or depositary of any money or other thing of value so staked, bet, or wagered upon any such result, or whoever aids, or assists, or abets in any manner in any of such acts all of which are hereby forbidden, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

828.122. Fighting or baiting animals; offenses; penalties
(1) This act may be cited as "The Animal Fighting Act."
(2) As used in this section:
(a) "Baiting" means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, "baiting" means the use of live animals in the training of racing greyhounds.
(b) "Person" means every natural person, firm, copartnership, association, or corporation.
(3) Any person who commits any of the following acts is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
(a) Baiting, or using any animal for the purpose of fighting or baiting any other animal.
(b) Knowingly owning, managing, or operating any facility kept or used for the purpose of fighting or baiting any animal.
(c) Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two or more animals.
(4) Any person who willfully commits any of the following acts is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:
(a) Betting or wagering any money or other valuable consideration on the fighting or baiting of animals;
or
(b) Attending the fighting or baiting of animals.
(5) Whenever an indictment is returned or an information is filed charging a violation of s. 828.12 or of this section and, in the case of an information, a magistrate finds probable cause that a violation has occurred, the court shall order the animals seized and shall provide for appropriate and humane care or disposition of the animals. This provision shall not be construed as a limitation on the power to
seize animals as evidence at the time of arrest.
(6) The provisions of subsection (3) and paragraph (4) (b) shall not apply to:
(a) Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture which will be used on television or in a motion picture, provided s. 828.12 is not violated.
(b) Any person using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the Game and Fresh Water Fish Commission.
(c) Any person using animals to work livestock for agricultural purposes.
(d) Any person violating s. 828.121.
(e) Any person using animals to hunt wild hogs or to retrieve domestic hogs.
(7) Nothing in this section shall be construed to prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law.

Georgia

16-12-37 Dogfighting.
(a) A person commits the offense of dogfighting when he causes or allows a dog to fight another dog for sport or gaming purposes or maintains or operates any event at which dogs are allowed or encouraged to fight one another.
(b) A person convicted of the offense of dogfighting shall be punished by a mandatory fine of $5,000.00 or by a mandatory fine of $5,000.00 and imprisonment for not less than one year nor more than five years.

16-12-23 Keeping a gambling place.
(a) A person who knowingly permits any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control to be used as a gambling place or who rents or lets any such property with a view or expectation that it be so used commits the offense of keeping a gambling place.
(b) A person who commits the offense of keeping a gambling place shall be guilty of a misdemeanor of a high and aggravated nature.

Hawai'i

 (§ 711-1109.3). Cruelty to animals; fighting dogs.
(1) A person commits the offense of cruelty to animals if the person:
(a) Owns or trains any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog;
(b) For amusement or gain, intentionally causes any dog to fight with another dog, or causes any dog to injure another dog; or
(c) Knowingly or recklessly permits any act in violation of paragraph (a) or (b) to be done on the premises under the person's charge or control, or aids or abets any such act.
(2) Nothing in this section shall prohibit any of the following:
(a) The use of dogs in the management of livestock by the owner of the livestock or the owner's employees or agents or other persons in lawful custody thereof;
(b) The use of dogs in hunting wildlife including game; or
(c) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.
(3) Violation of this section shall be a class C felony.
(4) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply.

Idaho

25-3507 Exhibition of dogfights.
Every person who participates in a public or private display of combat between two (2) or more dogs  in which the fighting, killing, maiming or injuring of dogs is a significant feature is guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 25-3520A, Idaho Code. Nothing in this section prohibits demonstrations of the hunting, herding, working or tracking skills of dogs or the lawful use of dogs for hunting, herding, working, tracking or self and property protection.

Texas

§ 42.10. Dog Fighting
(a) A person commits an offense if he intentionally or knowingly:
(1) causes a dog to fight with another dog;
(2) for a pecuniary benefit causes a dog to fight with another dog;
(3) participates in the earnings of or operates a facility used for dog fighting;
(4) uses or permits another to use any real estate, building, room, tent, arena, or other property for   dog fighting;
(5) owns or trains a dog with the intent that the dog be used in an exhibition of dog fighting; or
(6) attends as a spectator an exhibition of dog fighting.
(b) In this section, "dog fighting" means any situation in which one dog attacks or fights with another dog.
(c) A conviction under Subdivision (2), (3), or (4) of Subsection (a) may be had upon the uncorroborated testimony of a party to the offense.
(d) It is a defense to prosecution under Subdivision (1) or (2) of Subsection (a) that the actor caused a  dog to fight with another dog to protect livestock, other property, or a person from the other dog, and for no other purpose.
(e) An offense under Subdivision (1) or (5) of Subsection (a) is a Class A misdemeanor. An offense under Subdivision (2), (3), or (4) of Subsection (a) is a state jail felony. An offense under Subdivision (6) of Subsection (a) is a Class C misdemeanor.

§ 42.09. Cruelty to Animals
(a) A person commits an offense if he intentionally or knowingly:
(1) tortures or seriously overworks an animal;
(2) fails unreasonably to provide necessary food, care, or shelter for an animal in his custody;
(3) abandons unreasonably an animal in his custody;
(4) transports or confines an animal in a cruel manner;
(5) kills, injures, or administers poison to an animal, other than cattle, horses, sheep, swine, or goats, belonging to another without legal authority or the owner's effective consent;
(6) causes one animal to fight with another;
(7) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or
(8) trips a horse.
(b) It is a defense to prosecution under this section that the actor was engaged in bona fide experimentation for scientific research.
(c) For purposes of this section:
(1) "Animal" means a domesticated living creature and wild living creature previously captured. "Animal" does not include an uncaptured wild creature or a wild creature whose capture was accomplished by conduct at issue under this section.
(2) "Trip" means to use an object to cause a horse to fall or lose its balance.
(d) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section.
(e) It is a defense to prosecution under Subsection (a)(5) that the animal was discovered on the person's property in the act of or immediately after injuring or killing the person's goats, sheep, cattle, horses, swine, or poultry and that the person killed or injured the animal at the time of this discovery.
(f) It is a defense to prosecution under Subsection (a)(8) that the actor tripped the horse for the purpose of identifying the ownership of the horse or giving veterinary care to the horse.

Art. 18.18. Disposition of gambling paraphernalia, prohibited weapon, criminal instrument, and other contraband
(a) Following the final conviction of a person for possession of a gambling device or equipment, altered gambling equipment, or gambling paraphernalia, for an offense involving a criminal instrument, for an offense involving an obscene device or material, the court entering the judgment of conviction shall order that the machine, device, gambling equipment or gambling paraphernalia, instrument, obscene
device or material be destroyed or forfeited to the state. Not later than the 30th day after the final conviction of a person for an offense involving a prohibited weapon, the court entering the judgment of conviction on its own motion, on the motion of the prosecuting attorney in the case, or on the motion of the law enforcement agency initiating the complaint on notice to the prosecuting attorney in the case if the prosecutor fails to move for the order shall order that the prohibited weapon be destroyed or forfeited to the law enforcement agency that initiated the complaint. If the court fails to enter the order within the time required by this subsection, any magistrate in the county in which the offense occurred may enter the order. Following the final conviction of a person for an offense involving dog fighting, the court entering the judgment of conviction shall order that any dog-fighting equipment be destroyed or forfeited to the state. Destruction of dogs, if necessary, must be carried out by a veterinarian licensed in this state or, if one is not available, by trained personnel of a humane society or an animal shelter. If forfeited, the court shall order the contraband delivered to the state, any political subdivision of the state, or to any state institution or agency. If gambling proceeds were seized, the court shall order them forfeited to the state and shall transmit them to the grand jury of the
county in which they were seized for use in investigating alleged violations of the Penal Code, or to the state, any political subdivision of the state, or to any state institution or agency.
(b) If there is no prosecution or conviction following seizure, the magistrate to whom the return was made shall notify in writing the person found in possession of the alleged gambling device or equipment, altered gambling equipment or gambling paraphernalia, gambling proceeds, prohibited weapon, obscene device or material, criminal instrument, or dog-fighting equipment to show cause why the property seized should not be destroyed or the proceeds forfeited. The magistrate, on the motion of the law enforcement agency seizing a prohibited weapon, shall order the weapon destroyed or forfeited to the law enforcement agency seizing the weapon, unless a person shows cause as to why the prohibited weapon should not be destroyed or forfeited. A law enforcement agency shall make a motion under this section in a timely manner after the time at which the agency is informed in writing by the attorney representing the state that no prosecution will arise from the
seizure.
(c) The magistrate shall include in the notice a detailed description of the property seized and the total amount of alleged gambling proceeds; the name of the person found in possession; the address where the property or proceeds were seized; and the date and time of the seizure.
(d) The magistrate shall send the notice by registered or certified mail, return receipt requested, to the person found in possession at the address where the property or proceeds were seized. If no one was found in possession, or the possessor's address is unknown, the magistrate shall post the notice on the courthouse door.
(e) Any person interested in the alleged gambling device or equipment, altered gambling equipment or gambling paraphernalia, gambling proceeds, prohibited weapon, obscene device or material, criminal instrument, or dog-fighting equipment seized must appear before the magistrate on the 20th day following the date the notice was mailed or posted. Failure to timely appear forfeits any interest the person may have in the property or proceeds seized, and no person after failing to timely appear may contest destruction or forfeiture.
(f) If a person timely appears to show cause why the property or proceeds should not be destroyed or forfeited, the magistrate shall conduct a hearing on the issue and determine the nature of property or proceeds and the person's interest therein. Unless the person proves by a preponderance of the evidence that the property or proceeds is not gambling equipment, altered gambling equipment, gambling paraphernalia, gambling device, gambling proceeds, prohibited weapon, criminal instrument, or dog-fighting equipment and that he is entitled to possession, the magistrate shall dispose of the property or proceeds in accordance with Paragraph (a) of this article.
(g) For purposes of this article:
(1) "criminal instrument" has the meaning defined in the Penal Code;
(2) "gambling device or equipment, altered gambling equipment or gambling paraphernalia" has the meaning defined in the Penal Code;
(3) "prohibited weapon" has the meaning defined in the Penal Code; and
(4) "dog-fighting equipment" means:
(A) equipment used for training or handling a fighting dog, including a harness, treadmill, cage, decoy, pen, house for keeping a fighting dog, feeding apparatus, or training pen;
(B) equipment used for transporting a fighting dog, including any automobile, or other vehicle, and its appurtenances which are intended to be used as a vehicle for transporting a fighting dog;
(C) equipment used to promote or advertise an exhibition of dog fighting, including a printing press or similar equipment, paper, ink, or photography equipment; or
(D) a dog trained, being trained, or intended to be used to fight with another dog.
(5) [Blank].
(6) "obscene device or material" means a device or material introduced into evidence and thereafter found obscene by virtue of a final judgment after all appellate remedies have been exhausted.