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2019 Indiana Code
Title 35. Criminal Law and Procedure
Article 49. Obscenity and Pornography
Chapter 2. General Provisions
35-49-2-4. Adversary hearing; application; preliminary determination
Universal Citation:
IN Code § 35-49-2-4 (2019)
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IC 35-49-2-4 Adversary hearing; application; preliminary determination
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.
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