IC 35-49-3
    Chapter 3. Crimes

IC 35-49-3-1
Sale, distribution, or exhibition of obscene matter
    Sec. 1. A person who knowingly or intentionally:
        (1) sends or brings into Indiana obscene matter for sale ordistribution; or
        (2) offers to distribute, distributes, or exhibits to another personobscene matter;
commits a Class A misdemeanor. However, the offense is a Class Dfelony if the obscene matter depicts or describes sexual conductinvolving any person who is or appears to be under sixteen (16) yearsof age.
As added by P.L.311-1983, SEC.33.

IC 35-49-3-2
Obscene performance
    Sec. 2. A person who knowingly or intentionally engages in,participates in, manages, produces, sponsors, presents, exhibits,photographs, films, or videotapes any obscene performance commitsa Class A misdemeanor. However, the offense is a Class D felony ifthe obscene performance depicts or describes sexual conductinvolving any person who is or appears to be under sixteen (16) yearsof age.
As added by P.L.311-1983, SEC.33.

IC 35-49-3-3
Dissemination of matter or conducting performance harmful tominors
    Sec. 3. (a) Except as provided in subsection (b), a person whoknowingly or intentionally:
        (1) disseminates matter to minors that is harmful to minors;
        (2) displays matter that is harmful to minors in an area to whichminors have visual, auditory, or physical access, unless eachminor is accompanied by the minor's parent or guardian;
        (3) sells, rents, or displays for sale or rent to any person matterthat is harmful to minors within five hundred (500) feet of thenearest property line of a school or church;
        (4) engages in or conducts a performance before minors that isharmful to minors;
        (5) engages in or conducts a performance that is harmful tominors in an area to which minors have visual, auditory, orphysical access, unless each minor is accompanied by theminor's parent or guardian;
        (6) misrepresents the minor's age for the purpose of obtainingadmission to an area from which minors are restricted becauseof the display of matter or a performance that is harmful tominors; or
        (7) misrepresents that the person is a parent or guardian of a

minor for the purpose of obtaining admission of the minor to anarea where minors are being restricted because of display ofmatter or performance that is harmful to minors;
commits a Class D felony.
    (b) This section does not apply if a person disseminates, displays,or makes available the matter described in subsection (a) through theInternet, computer electronic transfer, or a computer network unless:
        (1) the matter is obscene under IC 35-49-2-1;
        (2) the matter is child pornography under IC 35-42-4-4; or
        (3) the person distributes the matter to a child less than eighteen(18) years of age believing or intending that the recipient is achild less than eighteen (18) years of age.
As added by P.L.311-1983, SEC.33. Amended by P.L.59-1995,SEC.4; P.L.3-2002, SEC.4; P.L.140-2006, SEC.35.

IC 35-49-3-4
Defense to prosecution for dissemination of matter or conductingperformance harmful to minors
    Sec. 4. It is a defense to a prosecution under section 3 of thischapter for the defendant to show:
        (1) that the matter was disseminated or that the performancewas performed for legitimate scientific or educational purposes;
        (2) that the matter was disseminated or displayed to or that theperformance was performed before the recipient by a bona fideschool, museum, or public library that qualifies for certainproperty tax exemptions under IC 6-1.1-10, or by an employeeof such a school, museum, or public library acting within thescope of his employment;
        (3) that he had reasonable cause to believe that the minorinvolved was eighteen (18) years old or older and that the minorexhibited to the defendant a draft card, driver's license, birthcertificate, or other official or apparently official documentpurporting to establish that the minor was eighteen (18) yearsold or older; or
        (4) that he was a salesclerk, motion picture projectionist, usher,or ticket taker, acting within the scope of his employment andthat he had no financial interest in the place where he was soemployed.
As added by P.L.311-1983, SEC.33.