Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 35-49-3
     Chapter 3. Crimes

IC 35-49-3-0.1
Repealed
    
(Repealed by P.L.63-2012, SEC.85.)

IC 35-49-3-1 Version a
Sale, distribution, or exhibition of obscene matter
    
Note: This version of section amended by P.L.214-2013, SEC.41. See also following version of this section amended by P.L.158-2013, SEC.646, effective 7-1-2014.
    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 eighteen (18) years of age.
As added by P.L.311-1983, SEC.33. Amended by P.L.214-2013, SEC.41.

IC 35-49-3-1 Version b
Sale, distribution, or exhibition of obscene matter
    
Note: This version of section amended by P.L.158-2013, SEC.646, effective 7-1-2014. See also preceding version of this section amended by P.L.214-2013, SEC.41.
    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 Level 6 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. Amended by P.L.158-2013, SEC.646.

IC 35-49-3-2 Version a
Obscene performance
    
Note: This version of section amended by P.L.214-2013, SEC.42. See also following version of this section amended by P.L.158-2013, SEC.647, effective 7-1-2014.
    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 eighteen (18) years of age.
As added by P.L.311-1983, SEC.33. Amended by P.L.214-2013, SEC.42.

IC 35-49-3-2 Version b
Obscene performance
    
Note: This version of section amended by P.L.158-2013, SEC.647, effective 7-1-2014. See also preceding version of this section amended by P.L.214-2013, SEC.42.
    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 Level 6 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. Amended by P.L.158-2013, SEC.647.

IC 35-49-3-3 Version a
Dissemination of matter or conducting performance harmful to minors
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    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 35-49-3-3 Version b
Dissemination of matter or conducting performance harmful to minors
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    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 Level 6 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; P.L.158-2013,

SEC.648.

IC 35-49-3-4 Version a
Defense to prosecution for dissemination of matter or conducting performance harmful to minors
    
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
    Sec. 4. (a) 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 the employee's employment;
        (3) that the defendant 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 the defendant was a salesclerk, motion picture projectionist, usher, or ticket taker, acting within the scope of the defendant's employment and that the defendant had no financial interest in the place where the defendant was so employed.
    (b) Except as provided in subsection (c), it is a defense to a prosecution under section 3 of this chapter if all the following apply:
        (1) A cellular telephone, another wireless or cellular communications device, or a social networking web site was used to disseminate matter to a minor that is harmful to minors.
        (2) The defendant is not more than four (4) years older or younger than the person who received the matter that is harmful to minors.
        (3) The relationship between the defendant and the person who received the matter that is harmful to minors was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term "ongoing personal relationship" does not include a family relationship.
        (4) The crime was committed by a person less than twenty-two (22) years of age.
        (5) The person receiving the matter expressly or implicitly acquiesced in the defendant's conduct.
    (c) The defense to a prosecution described in subsection (b) does not apply if:
        (1) the image is disseminated to a person other than the person:
            (A) who sent the image; or
            (B) who is depicted in the image; or


        (2) the dissemination of the image violates:
            (A) a protective order to prevent domestic or family violence issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);
            (B) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);
            (C) a workplace violence restraining order issued under IC 34-26-6;
            (D) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;
            (E) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;
            (F) a no contact order issued as a condition of probation;
            (G) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);
            (H) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;
            (I) a no contact order issued under IC 31-34-25 in a child in need of services proceeding or under IC 31-37-25 in a juvenile delinquency proceeding;
            (J) an order issued in another state that is substantially similar to an order described in clauses (A) through (I);
            (K) an order that is substantially similar to an order described in clauses (A) through (I) and is issued by an Indian:
                (i) tribe;
                (ii) band;
                (iii) pueblo;
                (iv) nation; or
                (v) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
            that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;
            (L) an order issued under IC 35-33-8-3.2; or
            (M) an order issued under IC 35-38-1-30.
As added by P.L.311-1983, SEC.33. Amended by P.L.180-2011,

SEC.4.

IC 35-49-3-4 Version b
Defense to prosecution for dissemination of matter or conducting performance harmful to minors
    
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
    Sec. 4. (a) 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 the employee's employment;
        (3) that the defendant had reasonable cause to believe that the minor involved was eighteen (18) years of age 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 of age or older; or
        (4) that the defendant was a salesclerk, motion picture projectionist, usher, or ticket taker, acting within the scope of the defendant's employment and that the defendant had no financial interest in the place where the defendant was so employed.
    (b) Except as provided in subsection (c), it is a defense to a prosecution under section 3 of this chapter if all the following apply:
        (1) A cellular telephone, another wireless or cellular communications device, or a social networking web site was used to disseminate matter to a minor that is harmful to minors.
        (2) The defendant is not more than four (4) years older or younger than the person who received the matter that is harmful to minors.
        (3) The relationship between the defendant and the person who received the matter that is harmful to minors was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term "ongoing personal relationship" does not include a family relationship.
        (4) The crime was committed by a person less than twenty-two (22) years of age.
        (5) The person receiving the matter expressly or implicitly acquiesced in the defendant's conduct.
    (c) The defense to a prosecution described in subsection (b) does not apply if:
        (1) the image is disseminated to a person other than the person:
            (A) who sent the image; or
            (B) who is depicted in the image; or


        (2) the dissemination of the image violates:
            (A) a protective order to prevent domestic or family violence issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);
            (B) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);
            (C) a workplace violence restraining order issued under IC 34-26-6;
            (D) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;
            (E) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;
            (F) a no contact order issued as a condition of probation;
            (G) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);
            (H) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;
            (I) a no contact order issued under IC 31-34-25 in a child in need of services proceeding or under IC 31-37-25 in a juvenile delinquency proceeding;
            (J) an order issued in another state that is substantially similar to an order described in clauses (A) through (I);
            (K) an order that is substantially similar to an order described in clauses (A) through (I) and is issued by an Indian:
                (i) tribe;
                (ii) band;
                (iii) pueblo;
                (iv) nation; or
                (v) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
            that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;
            (L) an order issued under IC 35-33-8-3.2; or
            (M) an order issued under IC 35-38-1-30.
As added by P.L.311-1983, SEC.33. Amended by P.L.180-2011,

SEC.4; P.L.158-2013, SEC.649.