IC 35-49-2-1 Obscene matter or performance
Sec. 1. A matter or performance is obscene for purposes of this
article if:
(1) the average person, applying contemporary community
standards, finds that the dominant theme of the matter or
performance, taken as a whole, appeals to the prurient interest
in sex;
(2) the matter or performance depicts or describes, in a patently
offensive way, sexual conduct; and
(3) the matter or performance, taken as a whole, lacks serious
literary, artistic, political, or scientific value. As added by P.L.311-1983, SEC.33.
IC 35-49-2-2 Matter or performance harmful to minors
Sec. 2. A matter or performance is harmful to minors for purposes
of this article if:
(1) it describes or represents, in any form, nudity, sexual
conduct, sexual excitement, or sado-masochistic abuse;
(2) considered as a whole, it appeals to the prurient interest in
sex of minors;
(3) it is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable matter
for or performance before minors; and
(4) considered as a whole, it lacks serious literary, artistic,
political, or scientific value for minors. As added by P.L.311-1983, SEC.33.
IC 35-49-2-3 Arrest; search; seizure of matter; motion pictures
Sec. 3. (a) Whenever a person:
(1) offers matter for distribution to the public as stock-in-trade
of a lawful business or activity; or
(2) exhibits matter at a commercial theater showing regularly
scheduled performances to the general public;
the person may be arrested under this article only if the arresting
officer has first obtained an arrest warrant, and matter may be seized
as evidence only if a search warrant has first been obtained.
(b) The quantity of matter seized may encompass no more than is
reasonable and necessary for the purpose of obtaining evidence.
(c) If:
(1) the subject of a seizure under this chapter is a motion picture
that is allegedly harmful to minors; and
(2) the defendant or owner of the motion picture proves that
other copies of the motion picture are not available for
exhibition;
the court shall order that the defendant or owner may, at his own
expense, copy the motion picture and continue showing the motion
picture to adults pending a preliminary determination under section
4(b) of this chapter. As added by P.L.311-1983, SEC.33.
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.
IC 35-49-2-5 Application of article
Sec. 5. This article does not limit the power of political
subdivisions to adopt or enforce zoning ordinances regulating the use
of real property. As added by P.L.311-1983, SEC.33.
IC 35-49-2-1 Obscene matter or performance
Sec. 1. A matter or performance is obscene for purposes of this
article if:
(1) the average person, applying contemporary community
standards, finds that the dominant theme of the matter or
performance, taken as a whole, appeals to the prurient interest
in sex;
(2) the matter or performance depicts or describes, in a patently
offensive way, sexual conduct; and
(3) the matter or performance, taken as a whole, lacks serious
literary, artistic, political, or scientific value. As added by P.L.311-1983, SEC.33.
IC 35-49-2-2 Matter or performance harmful to minors
Sec. 2. A matter or performance is harmful to minors for purposes
of this article if:
(1) it describes or represents, in any form, nudity, sexual
conduct, sexual excitement, or sado-masochistic abuse;
(2) considered as a whole, it appeals to the prurient interest in
sex of minors;
(3) it is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable matter
for or performance before minors; and
(4) considered as a whole, it lacks serious literary, artistic,
political, or scientific value for minors. As added by P.L.311-1983, SEC.33.
IC 35-49-2-3 Arrest; search; seizure of matter; motion pictures
Sec. 3. (a) Whenever a person:
(1) offers matter for distribution to the public as stock-in-trade
of a lawful business or activity; or
(2) exhibits matter at a commercial theater showing regularly
scheduled performances to the general public;
the person may be arrested under this article only if the arresting
officer has first obtained an arrest warrant, and matter may be seized
as evidence only if a search warrant has first been obtained.
(b) The quantity of matter seized may encompass no more than is
reasonable and necessary for the purpose of obtaining evidence.
(c) If:
(1) the subject of a seizure under this chapter is a motion picture
that is allegedly harmful to minors; and
(2) the defendant or owner of the motion picture proves that
other copies of the motion picture are not available for
exhibition;
the court shall order that the defendant or owner may, at his own
expense, copy the motion picture and continue showing the motion
picture to adults pending a preliminary determination under section
4(b) of this chapter. As added by P.L.311-1983, SEC.33.
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.
IC 35-49-2-5 Application of article
Sec. 5. This article does not limit the power of political
subdivisions to adopt or enforce zoning ordinances regulating the use
of real property. As added by P.L.311-1983, SEC.33.
IC 35-49-2-1 Obscene matter or performance
Sec. 1. A matter or performance is obscene for purposes of this
article if:
(1) the average person, applying contemporary community
standards, finds that the dominant theme of the matter or
performance, taken as a whole, appeals to the prurient interest
in sex;
(2) the matter or performance depicts or describes, in a patently
offensive way, sexual conduct; and
(3) the matter or performance, taken as a whole, lacks serious
literary, artistic, political, or scientific value. As added by P.L.311-1983, SEC.33.
IC 35-49-2-2 Matter or performance harmful to minors
Sec. 2. A matter or performance is harmful to minors for purposes
of this article if:
(1) it describes or represents, in any form, nudity, sexual
conduct, sexual excitement, or sado-masochistic abuse;
(2) considered as a whole, it appeals to the prurient interest in
sex of minors;
(3) it is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable matter
for or performance before minors; and
(4) considered as a whole, it lacks serious literary, artistic,
political, or scientific value for minors. As added by P.L.311-1983, SEC.33.
IC 35-49-2-3 Arrest; search; seizure of matter; motion pictures
Sec. 3. (a) Whenever a person:
(1) offers matter for distribution to the public as stock-in-trade
of a lawful business or activity; or
(2) exhibits matter at a commercial theater showing regularly
scheduled performances to the general public;
the person may be arrested under this article only if the arresting
officer has first obtained an arrest warrant, and matter may be seized
as evidence only if a search warrant has first been obtained.
(b) The quantity of matter seized may encompass no more than is
reasonable and necessary for the purpose of obtaining evidence.
(c) If:
(1) the subject of a seizure under this chapter is a motion picture
that is allegedly harmful to minors; and
(2) the defendant or owner of the motion picture proves that
other copies of the motion picture are not available for
exhibition;
the court shall order that the defendant or owner may, at his own
expense, copy the motion picture and continue showing the motion
picture to adults pending a preliminary determination under section
4(b) of this chapter. As added by P.L.311-1983, SEC.33.
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.
IC 35-49-2-5 Application of article
Sec. 5. This article does not limit the power of political
subdivisions to adopt or enforce zoning ordinances regulating the use
of real property. As added by P.L.311-1983, SEC.33.
