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

IC 35-49-1-2
"Distribute"
    Sec. 2. "Distribute" means to transfer possession for aconsideration.
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 writtenmaterial;
        (2) any picture, drawing, photograph, motion picture, digitizedimage, or other pictorial representation;
        (3) any statue or other figure;
        (4) any recording, transcription, or mechanical, chemical, orelectrical 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, pubicarea, or buttocks with less than a full opaque covering;
        (2) the showing of the female breast with less than a fullyopaque covering of any part of the nipple; or
        (3) the depiction of covered male genitals in a discernibly turgidstate.
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 topossession 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, orother 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 byor 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 ofmasturbation or other sexual activity;
        (3) exhibition of the uncovered genitals of a person undersixteen (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 maleor female genitals when in a state of sexual stimulation or arousal.
As added by P.L.311-1983, SEC.33.