CRIMINAL LAWAND PROCEDURE
341
est of any matter seized or purchased may apply
for an obtain a prompt adversary hearing for the
purpose described in subsection (b).
(b) At the adversary hearing, the court shall
make a preliminary determination of whether the
matter is:
(1) Probably obscene; or
(2) Probably harmful to minors.
35-49-2-5. Ordinances not limited.
This article does not limit the power of polit-
ical subdivisions to adopt or enforce zoning ordi-
nances regarding the use of real property.
Chapter 3. Crimes.
35-49-3-1.
Sale, distribution, exhibition of obscene
matter.
35-49-3-2.
Obscene performance.
35-49-3-3.
Dissemination of matter harmful to minors.
35-49-3-4.
Defenses.
35-49-3-1. Sale, distribution, exhibition of
obscene matter.
A person who knowingly or intentionally:
(1) sends or brings into Indiana obscene
matter for sale or distribution; or
(2) offers to distribute, distributes, or
exhibits to another person obscene matter;
commits a Class A misdemeanor. However, the
offense is a Level 6 felony if the obscene matter
depicts or describes sexual conduct involving any
person who is or appears to be under eighteen (18)
years of age.
35-49-3-2. Obscene performance.
A person who knowingly or intentionally
engages in, participates in, manages, produces,
sponsors, presents, exhibits, photographs, films,
or videotapes any obscene performance commits
a Class Amisdemeanor. However, the offense is
a Level 6 felony if the obscene performance
depicts or describes sexual conduct involving any
person who is or appears to be under eighteen (18)
years of age.
35-49-3-3. Dissemination of matter harmful
to minors.
Except Except as provided in subsection (b),
a person who knowingly or intentionally:
(1) disseminates matter to minors that is
harmful to minors;
(2) displays matter that is harmful to
minors in an area in which minors have
visual, auditory, or physical access, unless
each minor is accompanied by the minor’s
parent or guardian;
(3) sells, rents, or displays for sale or rent
to any person matter that is harmful to
minors within five hundred (500) feet of
the nearest property line of a school or
church;
(4) engages in or conducts a performance
before minors that is harmful to minors;
(5) engages in or conducts a performance
that is harmful to minors in an area to
which minors have visual, auditory, or
physical access, unless each minor is
accompanied by the minor’s parent or
guardian;
(6) misrepresents the minor’s age for the
purpose of obtaining admission to an area
from which minors are restricted because
of the display of matter or a performance
that is harmful to minors; or
(7) misrepresents that the person is a par-
ent or guardian of a minor for the purpose
of obtaining admission of the minor to an
area where minors are being restricted
because of display of matter or perform-
ance that is harmful to minors;
commits a Level 6 felony.
(b) This section does not apply if a person
disseminates, displays, or makes available the
matter described in subsection (a) through the
Internet, computer electronic transfer, or a com-
puter network unless:
(1) the matter is obscene under IC 35-49-
2-1;
(2) the matter is child pornography under
IC 35-42-4-4; or
(3) the person distributes the matter to a
child less than eighteen (18) years of age
believing or intending that the recipient
is a child less than eighteen (18) years of
age.
35-49-3-4. Defenses.
(a) It is a defense to a prosecution under sec-
tion 3 of this chapter for the defendant to show:
(1) that the matter was disseminated or
