CHAPTER 3. CRIMES
IC 35-49-3
Chapter 3. Crimes
IC 35-49-3-1
Sale, distribution, or exhibition of obscene matter
Sec. 1. A person who knowingly or intentionally:
(1) sends or brings into Indiana obscene matter for sale or
distribution; or
(2) offers to distribute, distributes, or exhibits to another person
obscene matter;
commits a Class A misdemeanor. However, the offense is a Class D
felony if the obscene matter depicts or describes sexual conduct
involving any person who is or appears to be under sixteen (16) years
of age.
As added by P.L.311-1983, SEC.33.
IC 35-49-3-2
Obscene performance
Sec. 2. A person who knowingly or intentionally engages in,
participates in, manages, produces, sponsors, presents, exhibits,
photographs, films, or videotapes any obscene performance commits
a Class A misdemeanor. However, the offense is a Class D felony if
the obscene performance depicts or describes sexual conduct
involving any person who is or appears to be under sixteen (16) years
of age.
As added by P.L.311-1983, SEC.33.
IC 35-49-3-3
Dissemination of matter or conducting performance harmful to
minors
Sec. 3. (a) Except as provided in subsection (b), a person who
knowingly or intentionally:
(1) disseminates matter to minors that is harmful to minors;
(2) displays matter that is harmful to minors in an area to which
minors have visual, auditory, or physical access, unless each
minor is accompanied by the minor's parent or guardian;
(3) sells, rents, or displays for sale or rent to any person matter
that is harmful to minors within five hundred (500) feet of the
nearest property line of a school or church;
(4) engages in or conducts a performance before minors that is
harmful to minors;
(5) engages in or conducts a performance that is harmful to
minors in an area to which minors have visual, auditory, or
physical access, unless each minor is accompanied by the
minor's parent or guardian;
(6) misrepresents the minor's age for the purpose of obtaining
admission to an area from which minors are restricted because
of the display of matter or a performance that is harmful to
minors; or
(7) misrepresents that the person is a parent or guardian of a
minor for the purpose of obtaining admission of the minor to an
area where minors are being restricted because of display of
matter or performance that is harmful to minors;
commits a Class D felony.
(b) This section does not apply if a person disseminates, displays,
or makes available the matter described in subsection (a) through the
Internet, computer electronic transfer, or a computer network unless:
(1) the matter is obscene under IC 35-49-2-1;
(2) the matter is child pornography under IC 35-42-4-4; or
(3) the person distributes the matter to a child less than eighteen
(18) years of age believing or intending that the recipient is a
child less than eighteen (18) years of age.
As added by P.L.311-1983, SEC.33. Amended by P.L.59-1995,
SEC.4; P.L.3-2002, SEC.4; P.L.140-2006, SEC.35.
IC 35-49-3-4
Defense to prosecution for dissemination of matter or conducting
performance harmful to minors
Sec. 4. It is a defense to a prosecution under section 3 of this
chapter for the defendant to show:
(1) that the matter was disseminated or that the performance
was performed for legitimate scientific or educational purposes;
(2) that the matter was disseminated or displayed to or that the
performance was performed before the recipient by a bona fide
school, museum, or public library that qualifies for certain
property tax exemptions under IC 6-1.1-10, or by an employee
of such a school, museum, or public library acting within the
scope of his employment;
(3) that he had reasonable cause to believe that the minor
involved was eighteen (18) years old or older and that the minor
exhibited to the defendant a draft card, driver's license, birth
certificate, or other official or apparently official document
purporting to establish that the minor was eighteen (18) years
old or older; or
(4) that he was a salesclerk, motion picture projectionist, usher,
or ticket taker, acting within the scope of his employment and
that he had no financial interest in the place where he was so
employed.
As added by P.L.311-1983, SEC.33.