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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. (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.