2016 Indiana Code
TITLE 35. CRIMINAL LAW AND PROCEDURE
ARTICLE 49. OBSCENITY AND PORNOGRAPHY
CHAPTER 1. DEFINITIONS
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IC 35-49
ARTICLE 49. OBSCENITY AND PORNOGRAPHY
IC 35-49-1
Chapter 1. Definitions
IC 35-49-1-0.1
Repealed
(As added by P.L.220-2011, SEC.631. Repealed by P.L.63-2012,
SEC.84.)
IC 35-49-1-1
Definitions applicable throughout article
Sec. 1. The definitions in this chapter apply throughout this
article.
As added by P.L.311-1983, SEC.33.
IC 35-49-1-2
"Distribute"
Sec. 2. "Distribute" means to transfer possession for a
consideration.
As added by P.L.311-1983, SEC.33.
IC 35-49-1-3
"Matter"
Sec. 3. "Matter" means:
(1) any book, magazine, newspaper, or other printed or written
material;
(2) any picture, drawing, photograph, motion picture, digitized
image, or other pictorial representation;
(3) any statue or other figure;
(4) any recording, transcription, or mechanical, chemical, or
electrical reproduction; or
(5) any other articles, equipment, machines, or materials.
As added by P.L.311-1983, SEC.33. Amended by P.L.3-2002, SEC.3.
IC 35-49-1-4
"Minor"
Sec. 4. "Minor" means any individual under the age of eighteen
(18) years.
As added by P.L.311-1983, SEC.33.
IC 35-49-1-5
"Nudity"
Sec. 5. "Nudity" means:
(1) the showing of the human male or female genitals, pubic
area, or buttocks with less than a full opaque covering;
(2) the showing of the female breast with less than a fully
Indiana Code 2016
opaque covering of any part of the nipple; or
(3) the depiction of covered male genitals in a discernibly turgid
state.
As added by P.L.311-1983, SEC.33.
IC 35-49-1-6
"Owner"
Sec. 6. "Owner" means any person who owns or has legal right to
possession of any matter.
As added by P.L.311-1983, SEC.33.
IC 35-49-1-7
"Performance"
Sec. 7. "Performance" means any play, motion picture, dance, or
other exhibition or presentation, whether pictured, animated, or live,
performed before an audience of one (1) or more persons.
As added by P.L.311-1983, SEC.33.
IC 35-49-1-8
"Sado-masochistic abuse"
Sec. 8. "Sado-masochistic abuse" means flagellation or torture by
or upon a person as an act of sexual stimulation or gratification.
As added by P.L.311-1983, SEC.33.
IC 35-49-1-9
"Sexual conduct"
Sec. 9. "Sexual conduct" means:
(1) sexual intercourse or other sexual conduct (as defined in
IC 35-31.5-2-221.5);
(2) exhibition of the uncovered genitals in the context of
masturbation or other sexual activity;
(3) exhibition of the uncovered genitals of a person under
sixteen (16) years of age;
(4) sado-masochistic abuse; or
(5) sexual intercourse or other sexual conduct (as defined in
IC 35-31.5-2-221.5) with an animal.
As added by P.L.311-1983, SEC.33. Amended by P.L.158-2013,
SEC.645.
IC 35-49-1-10
"Sexual excitement"
Sec. 10. "Sexual excitement" means the condition of human male
or female genitals when in a state of sexual stimulation or arousal.
As added by P.L.311-1983, SEC.33.
Indiana Code 2016
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