§ 35-49-3-3 — Dissemination of matter or conducting performance harmful to minors

Indiana § 35-49-3-3

• Jurisdiction: Indiana
• Art. 49: OBSCENITY AND PORNOGRAPHY
• Ch. 3: Crimes

Text

(a) Except as provided in subsection (b) and
section 4 of this chapter, a person who knowingly or intentionally:
(1) disseminates matter to minors that is harmful to minors (as
described in IC 35-49-2);
(2) displays matter that is harmful to minors in an area to which
minors have visual, auditory, or physical access, unless each
minor is accompanied by the minor's parent or guardian;
(3) sells, rents, or displays for sale or rent to any person matter
that is harmful to minors within five hundred (500) feet of the
nearest property line of a school or church;
(4) engages in or conducts a performance before minors that is
harmful to minors;
(5) engages in or conducts a performance that is harmful to
minors in an area to which minors have visual, auditory, or
physical access, unless each minor is accompanied by the minor's
parent or guardian;
(6) misrepresents the minor's age for the purpose of obtaining
admission to an area from which minors are restricted because of
the display of matter or a performance that is harmful to minors;
or
(7) misrepresents that the person is a parent or guardian of a
minor for the purpose of obtaining admission of the minor to an
area where minors are being restricted because of display of
matter or performance that is harmful to minors;
commits a Level 6 felony.
(b) This section does not apply if a person disseminates, displays,
or makes available the matter described in subsection (a) through the
Internet, computer electronic transfer, or a computer network unless:
(1) the matter is obscene under IC 35-49-2-1;
(2) the matter is child sex abuse material 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 a
child less than eighteen (18) years of age.

Legislative History

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; P.L.158-2013, SEC.648; P.L.234-2023, SEC.5; P.L.218-2025, SEC.22.