CRIMINAL LAWAND PROCEDURE
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this chapter with an offense that contains an ele-
ment listed in subsection (a) that a person was in,
on, or within five hundred (500) feet of school
property or a public park:
(1) at the request or suggestion of a law
enforcement officer or an agent of a law
enforcement officer; and
(2) while a person less than eighteen (18)
years of age was reasonably expected to be
present.
(d) The defense under this section applies only
to the element of the offense that requires proof
that the delivery, financing the delivery, or pos-
session of cocaine, a narcotic drug, methamphet-
amine, or a controlled substance occurred in, on,
or within five hundred (500) feet of school prop-
erty or a public park while a person less than
eighteen (18) years of age was reasonably expected
to be present.
35-48-4-17. Drug labs; environmental
cleanup costs.
(a) In addition to any other penalty imposed
for conviction of an offense under this chapter
involving the manufacture or intent to manufac-
ture methamphetamine, a court shall order resti-
tution under IC 35-50-5-3 to cover the costs, if
necessary, of an environmental cleanup incurred
by a law enforcement agency or other person as
a result of the offense.
(b) The amount collected under subsection
(a) shall be used to reimburse the law enforcement
agency that assumed the costs associated with
the environmental cleanup described in subsection
(a).
ARTICLE 49. OBSCENITYAND
PORNOGRAPHY
Ch. 1.
Definitions.
Ch. 2.
General Provisions.
Ch. 3.
Crimes.
Chapter 1. Definitions.
35-49-1-1.
Application of definitions.
35-49-1-2.
“Distribute” defined.
35-49-1-3.
“Matter” defined.
35-49-1-4.
“Minor” defined.
35-49-1-5.
“Nudity” defined.
35-49-1-6.
“Owner” defined.
35-49-1-7.
“Performance” defined.
35-49-1-8.
“Sado-masochistic abuse” defined.
35-49-1-9.
“Sexual conduct” defined.
35-49-1-10. “Sexual excitement” defined.
35-49-1-1. Application of definitions.
The definitions in this chapter apply through-
out this article.
35-49-1-2. “Distribute” defined.
“Distribute” means to transfer possession for
a consideration.
35-49-1-3. “Matter” defined.
“Matter” means:
(1) any book, magazine, newspaper, or
other printed or written material;
(2) any picture, drawing, photograph,
motion picture, digitized image, or other
pictorial representation;
(3) any statue or other figure;
(4) any recording, transcription, or
mechanical, chemical, or electrical repro-
duction; or
(5) any other articles, equipment,
machines, or materials.
35-49-1-4. “Minor” defined.
“Minor” means any individual under the age
of eighteen (18) years.
35-49-1-5. “Nudity” defined.
“Nudity” means:
(1) The showing of the human male or
female genitals, pubic area, or buttocks
with less that a full opaque covering;
(2) The showing of the female breast with
less than a full opaque covering of any
part of the nipple; or
(3) The depiction of covered male genitals
in a discernibly turgid state.
35-49-1-6. “Owner” defined.
“Owner” means any person who owns or has
legal right to possession of any matter.
35-49-1-7. “Performance” defined.
“Performance” means any play, motion picture,
dance, or other exhibition or presentation, whether
pictured, animated, or live, performed before an
audience of one (1) or more persons.
