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transported to a buyer; and
(2) does not display the gambling device
to the general public or make the device
available for use in Indiana.
(c) When a public utility is notified by a law
enforcement agency acting within its jurisdiction
that any service, facility, or equipment furnished
by it is being used or will be used to violate this
section, it shall discontinue or refuse to furnish that
service, facility, or equipment, and no damages,
penalty, or forfeiture, civil or criminal, may be
found against a public utility for an act done in
compliance with such a notice. This subsection
does not prejudice the right of a person affected
by it to secure an appropriate determination, as oth-
erwise provided by law, that the service, facility,
or equipment should not be discontinued or
refused, or should be restored.
(d) Subsection (a)(1) does not apply to a per-
son who:
(1) possesses an antique slot machine;
(2) restricts display and use of the antique
slot machine to the person’s private resi-
dence; and
(3) does not use the antique slot machine
for profit.
(e) As used in this section, “antique slot
machine” refers to a slot machine that is:
(1) at least forty (40) years old; and
(2) possessed and used for decorative, his-
toric, or nostalgic purposes.
35-45-5-4.5. Notice to operator of illegal
activity.
(a) A prosecuting attorney may send written
notice to an operator described in section 2(c) or
3(b) of this chapter. The notice must:
(1) specify the illegal gambling activity;
(2) state that the operator has not more
than thirty (30) days after the date the
notice is received to remove the illegal
gambling activity; and
(3) state that failure to remove the illegal
gambling activity not more than thirty (30)
days after receiving the notice may result
in the filing of criminal charges against the
operator.
Aprosecuting attorney who sends notice under this
section shall forward a copy of the notice to the
attorney general. The attorney general shall main-
tain a depository to collect, maintain, and retain
each notice sent under this section.
(b) The manner of service of a notice under
subsection (a) must be:
(1) in compliance with Rule 4.1, 4.4, 4.6,
or 4.7 of the Indiana Rules of Trial
Procedure; or
(2) by publication in compliance with Rule
4.13 of the Indiana Rules of Trial
Procedure if service cannot be made under
subdivision (1) after a diligent search for
the operator.
(c) A notice is served under subsection (a):
(1) is admissible in a criminal proceeding
under this chapter; and
(2) constitutes prima facie evidence that
the operator had knowledge that illegal
gambling was occurring on the operator’s
internet site.
(d) A person outside Indiana who transmits
information on a computer network (as defined in
IC 35-43-2-3) and who knows or should know that
the information is broadcast in Indiana submits to
the jurisdiction of Indiana courts for prosecution
under this section.
35-45-5-4.6. Blocking gambling e-mail.
(a) An interactive computer service may, on its
own initiative, block the receipt or transmission
through its service of any commercial electronic
mail message that it reasonably believes is or will
be sent in violation of this chapter.
(b) An interactive computer service is not
liable for such action.
35-45-5-4.7. Civil actions against gambling
e-mails.
(a) An interactive computer service that han-
dles or retransmits a commercial electronic mes-
sage has a right of action against a person who
initiates or assists the transmission of the com-
mercial electronic mail message that violates this
chapter.
(b) This chapter does not provide a right of
action against:
(1) an interactive computer service;
(2) a telephone company;
(3) a CMRS provider (as defined in IC
