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INDIANA STATUTES AND CODES

CHAPTER 16.4. SEXUALLY EXPLICIT MATERIALS

IC 24-4-16.4
     Chapter 16.4. Sexually Explicit Materials

IC 24-4-16.4-1
"Person"
    
Sec. 1. As used in this chapter, "person" has the meaning set forth in IC 35-41-1-22.
As added by P.L.92-2008, SEC.3.

IC 24-4-16.4-2
"Sexually explicit materials"
    
Sec. 2. (a) As used in this chapter, "sexually explicit materials" means a product or service:
        (1) that is harmful to minors (as described in IC 35-49-2-2), even if the product or service is not intended to be used by or offered to a minor; or
        (2) that is designed for use in, marketed primarily for, or provides for:
            (A) the stimulation of the human genital organs; or
            (B) masochism or a masochistic experience, sadism or a sadistic experience, sexual bondage, or sexual domination.
    (b) The term does not include:
        (1) birth control or contraceptive devices; or
        (2) services, programs, products, or materials provided by a:
            (A) communications service provider (as defined in IC 8-1-32.6-3);
            (B) physician; or
            (C) public or nonpublic school.
As added by P.L.92-2008, SEC.3.

IC 24-4-16.4-3
Restrictions on offering for sale or selling sexually explicit materials
    
Sec. 3. A person or an employee or agent of a person may not offer for sale or sell sexually explicit materials unless a registration and statement are properly filed under IC 23-1-55.
As added by P.L.92-2008, SEC.3. Amended by P.L.1-2009, SEC.133.

IC 24-4-16.4-4
Violations
    
Sec. 4. A person or an employee or agent of a person who knowingly or intentionally offers for sale or sells sexually explicit materials in violation of this chapter commits unregistered sale of sexually explicit materials, a Class B misdemeanor.
As added by P.L.92-2008, SEC.3.

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