§ 35-45-2-2 — Harassment; "obscene message" defined

Indiana § 35-45-2-2

• Jurisdiction: Indiana
• Art. 45: OFFENSES AGAINST PUBLIC HEALTH, ORDER,
• Ch. 2: Intimidation and Other Offenses Relating to

Text

(a) A person who, with intent to harass, annoy,
or alarm another person but with no intent of legitimate
communication:
(1) makes a telephone call, whether or not a conversation ensues;
(2) communicates with a person by telegraph, mail, or other form
of written communication;
(3) transmits an obscene message, or indecent or profane words,
on a Citizens Radio Service channel; or
(4) uses a computer network (as defined in IC 35-43-2-3(a)) or
other form of electronic communication to:
(A) communicate with a person; or
(B) transmit an obscene message or indecent or profane words
to a person;
commits harassment, a Class B misdemeanor.
(b) A message is obscene if:
(1) the average person, applying contemporary community
standards, finds that the dominant theme of the message, taken as
a whole, appeals to the prurient interest in sex;
(2) the message refers to sexual conduct in a patently offensive
way; and
(3) the message, taken as a whole, lacks serious artistic, literary,
political, or scientific value.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts
1977, P.L.340, SEC.72; Acts 1977, P.L.343, SEC.1; Acts 1978, P.L.82,
SEC.4; P.L.216-1996, SEC.22.