2010 Indiana Code
TITLE 35. CRIMINAL LAW AND PROCEDURE
ARTICLE 49. OBSCENITY AND PORNOGRAPHY
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.