CRIMINAL LAWAND PROCEDURE
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36-8-16.7-6);
(4) a cable operator (as defined in 47
U.S.C. 522(5)); or
(5) any other entity that primarily provides
connectivity to an operator;
if the entity’s equipment is used only to transport,
handle, or retransmit information that violates
this chapter and is not capable of blocking the
retransmission of information that violates this
chapter.
(c) It is a defense to an action under this sec-
tion if the defendant shows by a preponderance of
the evidence that the violation of this chapter
resulted from a good faith error and occurred
notwithstanding the maintenance of procedures
reasonably adopted to avoid violating this chap-
ter.
(d) If the plaintiff prevails in an action filed
under this section, the plaintiff is entitled to the fol-
lowing:
(1) An injunction to enjoin future viola-
tions of this chapter.
(2) Compensatory damages equal to any
actual damage proven by the plaintiff to
have resulted from the initiation of the
commercial electronic mail message. If the
plaintiff does not prove actual damage,
the plaintiff is entitled to presumptive dam-
ages of five hundred dollars ($500) for
each commercial electronic mail message
that violates this chapter and that is sent by
the defendant:
(A) to the plaintiff; or
(B) through the plaintiff’s interactive
computer service.
(3) The plaintiff’s reasonable attorney’s
fees and other litigation costs reasonably
incurred in connection with the action.
(e) A person outside Indiana who:
(1) initiates or assists the transmission of
a commercial electronic mail message that
violates this chapter; and
(2) knows or should know that the com-
mercial electronic mail message will be
received in Indiana;
submits to the jurisdiction of Indiana courts for
purposes of this chapter.
35-45-5-5. Pari-mutuel wagering excluded.
The provisions of this chapter do not apply to
pari-mutuel wagering conducted at racetrack loca-
tions or satellite facilities licensed for pari-mutuel
wagering under IC 4-31.
35-45-5-6. Lottery ticket sales excluded.
This chapter does not apply to the sale of lot-
tery tickets authorized by IC 4-30.
35-45-5-7. Nonapplicability to advertising.
This chapter does not apply to the publication
or broadcast or an advertisement, a list of prizes,
or other information concerning:
(1) pari-mutuel wagering on horse races or
a lottery authorized by the law of any state;
(2) a game of chance operated in accor-
dance with IC 4-32.2;
(3) a gambling game operated in accor-
dance with IC 4-35; or
(4) a prize linked savings program that:
(A) is offered or conducted by an eli-
gible financial institution under IC 28-
1-23.2; or
(B) is:
(i) offered or conducted by a credit
union organized or reorganized
under United States law; and
(ii) conducted in the same manner
as a prize linked savings program
under IC 28-1-23.2.
35-45-5-8. Gambling devices authorized.
This chapter does not apply to the sale or use
of gambling devices authorized under IC 4-32.2.
35-45-5-10. Riverboat gambling excluded.
This chapter does not apply to riverboat gam-
bling authorized by IC 4-33.
35-45-5-11. Gambling at racetracks
excluded.
This chapter does not apply to a gambling
game authorized by IC 4-35.
35-45-5-12. Exclusion of raffles, drawings
and Type II gambling games.
This chapter does not apply to the following
gambling games licensed or authorized under IC
4-36:
(1) Raffles and winner take all drawings
conducted under IC 4-36-5-1.
