Indiana § 35-49-2-4 Adversary hearing; application; preliminary determination

Indiana Statutes

§ 35-49-2-4 — Adversary hearing; application; preliminary determination

Indiana § 35-49-2-4

Art. 49OBSCENITY AND PORNOGRAPHY

Ch. 2General Provisions

This text of Indiana § 35-49-2-4 (Adversary hearing; application; preliminary determination) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-49-2-4 (2026).

Text

(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.

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(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.