CRIMINAL LAWAND PROCEDURE
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35-45-3-3. Throwing cigarette.
A person who throws from a moving motor
vehicle:
(1) a lighted cigarette, cigar, or match; or
(2) other burning material;
commits a Class A infraction.
Chapter 4. Public Indecency; Prostitution.
35-45-4-0.1. Application of amendments.
35-45-4-1.
Public indecency; indecent exposure.
35-45-4-1.5. Public nudity
35-45-4-2.
Prostitution.
35-45-4-3.
Patronizing a prostitute.
35-45-4-4.
Promoting prostitution.
35-45-4-5.
Voyeurism.
35-45-4-6.
Indecent display by a youth.
35-45-4-0.1. Application of amendments.
The enhanced penalty under section 5(b)(2) of
this chapter, as added by P.L.7-2005, applies only
if at least one (1) of the offenses is committed after
June 30, 2005.
35-45-4-1. Public indecency; indecent
exposure.
(a) A person who knowingly or intentionally,
in a public place:
(1) engages in sexual intercourse;
(2) engages in other sexual conduct (as
defined in IC 35-31.5-2-221.5);
(3) appears in a state of nudity with the
intent to arouse the sexual desires of the
person or another person; or
(4) fondles the person’s genitals or the
genitals of another person;
commits public indecency, a ClassAmisdemeanor.
(b) Aperson at least eighteen (18) years of age
who knowingly or intentionally, in a public place,
appears in a state of nudity with the intent to be
seen by a child less than sixteen (16) years of
age commits public indecency, a Class A misde-
meanor.
(c) However, the offense under subsection (a)
or (b) is a Level 6 felony if the person who com-
mits the offense has a prior unrelated conviction:
(1) under subsection (a) or (b); or
(2) in another jurisdiction, including a mil-
itary court, that is substantially equivalent
to an offense described in subsection (a) or
(b).
(d) As used in this section, “nudity” means the
showing of the human male or female genitals,
pubic area, or buttocks with less than a fully
opaque covering, the showing of the female breast
with less than a fully opaque covering of any part
of the nipple, or the showing of covered male
genitals in a discernibly turgid state.
(e) Aperson who, in a place other than a pub-
lic place, with the intent to be seen by persons
other than invitees and occupants of that place:
(1) engages in sexual intercourse;
(2) engages in other sexual conduct (as
defined in IC 35-31.5-2-221.5);
(3) fondles the person’s genitals or the
genitals of another person; or
(4) appears in a state of nudity;
where the person can be seen by persons other than
invitees and occupants of that place commits
indecent exposure, a Class C misdemeanor.
35-45-4-1.5. Public nudity.
(a) As used in this section, “nudity” has the
meaning set forth in section 1(d) of this chapter.
(b) A person who knowingly or intentionally
appears in a public place in a state of nudity com-
mits public nudity, a Class C misdemeanor.
(c) A person who knowingly or intentionally
appears in a public place in a state of nudity with
the intent to be seen by another person commits
a Class B misdemeanor.
(d) A person who knowingly or intentionally
appears in a state of nudity:
(1) in or on school grounds;
(2) in a public park; or
(3) with the intent to arouse the sexual
desires of the person or another person, in
a department of natural resources owned
or managed property;
commits a Class A misdemeanor. However, the
offense is a Level 6 felony if the person has a prior
unrelated conviction under this subsection or
under subsection (c).
35-45-4-2. Prostitution.
A person who knowingly or intentionally:
(1) performs, or offers or agrees to per-
form, sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5);
or
(2) fondles, or offers or agrees to fondle,
