CHAPTER 1. DEFINITIONS

IC 35-49

    ARTICLE 49. OBSCENITY AND PORNOGRAPHY



IC 35-49-1

    

Chapter 1. Definitions

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
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 deviate sexual conduct;

        (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 deviate sexual conduct with an animal.

As added by P.L.311-1983, SEC.33.



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.