2011 Indiana Code
TITLE 24. TRADE REGULATION
ARTICLE 4. REGULATED BUSINESSES
CHAPTER 16.4. SEXUALLY EXPLICIT MATERIALS

IC 24-4-16.4
Chapter 16.4. Sexually Explicit Materials

IC 24-4-16.4-0.1
Application of certain amendments to chapter
Sec. 0.1. The addition of section 4 of this chapter by P.L.92-2008 applies to offenses committed after June 30, 2008.
As added by P.L.220-2011, SEC.389.

IC 24-4-16.4-1
"Person"
Sec. 1. As used in this chapter, "person" has the meaning set forth in IC 35-41-1-22.
As added by P.L.92-2008, SEC.3.

IC 24-4-16.4-2
"Sexually explicit materials"
Sec. 2. (a) As used in this chapter, "sexually explicit materials" means a product or service:
(1) that is harmful to minors (as described in IC 35-49-2-2), even if the product or service is not intended to be used by or offered to a minor; or
(2) that is designed for use in, marketed primarily for, or provides for:
(A) the stimulation of the human genital organs; or
(B) masochism or a masochistic experience, sadism or a sadistic experience, sexual bondage, or sexual domination.
(b) The term does not include:
(1) birth control or contraceptive devices; or
(2) services, programs, products, or materials provided by a:
(A) communications service provider (as defined in IC 8-1-32.6-3);
(B) physician; or
(C) public or nonpublic school.
As added by P.L.92-2008, SEC.3.

IC 24-4-16.4-3
Restrictions on offering for sale or selling sexually explicit materials
Sec. 3. A person or an employee or agent of a person may not offer for sale or sell sexually explicit materials unless a registration and statement are properly filed under IC 23-1-55.
As added by P.L.92-2008, SEC.3. Amended by P.L.1-2009, SEC.133.

IC 24-4-16.4-4
Violations
Sec. 4. A person or an employee or agent of a person who knowingly or intentionally offers for sale or sells sexually explicit materials in violation of this chapter commits unregistered sale of sexually explicit materials, a Class B misdemeanor. As added by P.L.92-2008, SEC.3.