US Laws, Codes, Statutes & Cases

IC 35-49-2-1
Obscene matter or performance
    35-49-2-1 Sec. 1. A matter or performance is obscene for purposes of this article if:
        (1) the average person, applying contemporary community standards, finds that the dominant theme of the matter or performance, taken as a whole, appeals to the prurient interest in sex;
        (2) the matter or performance depicts or describes, in a patently offensive way, sexual conduct; and
        (3) the matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.
As added by P.L.311-1983, SEC.33.

IC 35-49-2-2
Matter or performance harmful to minors
    35-49-2-2 Sec. 2. A matter or performance is harmful to minors for purposes of this article if:
        (1) it describes or represents, in any form, nudity, sexual conduct, sexual excitement, or sado-masochistic abuse;
        (2) considered as a whole, it appeals to the prurient interest in sex of minors;
        (3) it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors; and
        (4) considered as a whole, it lacks serious literary, artistic, political, or scientific value for minors.
As added by P.L.311-1983, SEC.33.

IC 35-49-2-3
Arrest; search; seizure of matter; motion pictures
    35-49-2-3 Sec. 3. (a) Whenever a person:
        (1) offers matter for distribution to the public as stock-in-trade of a lawful business or activity; or
        (2) exhibits matter at a commercial theater showing regularly scheduled performances to the general public;
the person may be arrested under this article only if the arresting officer has first obtained an arrest warrant, and matter may be seized as evidence only if a search warrant has first been obtained.
    (b) The quantity of matter seized may encompass no more than is reasonable and necessary for the purpose of obtaining evidence.
    (c) If:
        (1) the subject of a seizure under this chapter is a motion picture that is allegedly harmful to minors; and
        (2) the defendant or owner of the motion picture proves that other copies of the motion picture are not available for exhibition; the court shall order that the defendant or owner may, at his own expense, copy the motion picture and continue showing the motion picture to adults pending a preliminary determination under section 4(b) of this chapter.
As added by P.L.311-1983, SEC.33.

IC 35-49-2-4
Adversary hearing; application; preliminary determination
    35-49-2-4 Sec. 4. (a) Within ten (10) days after:
        (1) matter is obtained by seizure or by purchase under this article; or
        (2) the defendant is arrested under this article;
whichever is later, and before trial, the state, the defendant, an owner, or any other party in interest of any matter seized or purchased may apply for and obtain a prompt adversary hearing for the purpose described in subsection (b).
    (b) At the adversary hearing, the court shall make a preliminary determination of whether the matter is:
        (1) probably obscene; or
        (2) probably harmful to minors.
As added by P.L.311-1983, SEC.33.

IC 35-49-2-5
Application of article
    35-49-2-5 Sec. 5. This article does not limit the power of political subdivisions to adopt or enforce zoning ordinances regulating the use of real property.
As added by P.L.311-1983, SEC.33.