CRIMINAL LAWAND PROCEDURE
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35-49-1-8. “Sado-masochistic abuse” defined.
“Sado-masochistic abuse” means flagellation
or torture by or upon a person as an act of sexual
stimulation or gratification.
35-49-1-9. “Sexual conduct” defined.
“Sexual conduct” means:
(1) sexual intercourse or other sexual con-
duct (as defined in IC 35-31.5-2-221.5);
(2) exhibition of the uncovered genitals
in the context of masturbation or other
sexual activity;
(3) exhibition of the uncovered genitals
of a person under sixteen (16) years of
age;
(4) sado-masochistic abuse; or
(5) sexual intercourse or other sexual con-
duct (as defined in IC 35-31.5-2-221.5)
with an animal.
35-49-1-10. “Sexual excitement” defined.
“Sexual excitement” means the condition of
human male or female genitals when in a state of
sexual stimulation or arousal.
Chapter 2. General Provisions.
35-49-2-1.
Obscene matter or performance.
35-49-2-2.
Matter or performance harmful to minors.
35-49-2-3.
Arrest, search, and seizure.
35-49-2-4.
Adversary hearing.
35-49-2-5.
Ordinances not limited.
35-49-2-1. Obscene matter or performance.
A matter or performance is obscene for pur-
poses of this article if:
(1) The average person, applying con-
temporary community standards, finds that
the dominant theme of the matter or per-
formance, taken as a whole, appeals to the
prurient interest in sex;
(2) The matter or performance depicts or
describes, in a patently offensive way, sex-
ual conduct; and
(3) The matter or performance, taken as a
whole, lacks serious literary, artistic, polit-
ical, or scientific value.
35-49-2-2. Matter or performance harmful
to minors.
Amatter or performance is harmful to minors
for purposes of this article if:
(1) It describes or represents, in any form,
nudity, sexual conduct, sexual excitement,
or sado-masochistic abuse;
(2) Considered as a whole, it appeals to the
prurient interest in sex of minors;
(3) It is patently offensive to prevailing
standards in the adult community as a
whole with respect to what is suitable mat-
ter for or performance before minors; and
(4) Considered as a whole, it lacks serious
literary, artistic, political, or scientific value
for minors.
35-49-2-3. Arrest, search, and seizure.
(a) Whenever a person:
(1) Offers matter for distribution to the
public as stock-in-trade of a lawful busi-
ness or activity; or
(2) Exhibits matter at a commercial theater
showing regularly scheduled performances
to the general public;
the person may be arrested under this article only
if the arresting officer has first obtained an arrest
warrant, and matter may be seized as evidence
only if a search warrant has first been obtained.
(b) The quantity of matter seized may encom-
pass no more than is reasonable and necessary for
the purpose of obtaining evidence.
(c) If:
(1) The subject of a seizure under this
chapter is a motion picture that is allegedly
harmful to minors; and
(2) The defendant or owner of the motion
picture proves that other copies of the
motion picture are not available for exhi-
bition;
the court shall order that the defendant or owner
may, at his own expense, copy the motion picture
and continue showing the motion picture to adults
pending a preliminary determination under section
4(b) of this chapter.
35-49-2-4. Adversary hearing.
(a) Within ten (10) days after:
(1) Matter is obtained by seizure or by
purchase under this article; or
(2) The defendant is arrested under this
article;
whichever is later, and before trial, the state, the
defendant, an owner, or any other party in inter-
