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that the performance was performed for
legitimate scientific or educational pur-
poses;
(2) that the matter was disseminated or
displayed to or that the performance was
performed before the recipient by a bona
fide school, museum, or public library that
qualifies for certain property tax exemp-
tions under IC 6-1.1-10, or by an employee
of such a school, museum, or public library
acting within the scope of the employee’s
employment;
(3) that the defendant had reasonable cause
to believe that the minor involved was
eighteen (18) years of age or older and
that the minor exhibited to the defendant
a draft card, driver’s license, birth certifi-
cate, or other official or apparently official
document purporting to establish that the
minor was eighteen (18) years of age or
older; or
(4) that the defendant was a salesclerk,
motion picture projectionist, usher, or ticket
taker, acting within the scope of the defen-
dant’s employment and that the defendant
had no financial interest in the place where
the defendant was so employed.
(b) Except as provided in subsection (c), it is
a defense to a prosecution under section 3 of this
chapter if all of the following apply:
(1) A cellular telephone, another wireless
or cellular communications device, or a
social networking web site was used to
disseminate matter to a minor that is harm-
ful to minors.
(2) The defendant is not more than four (4)
years older or younger than the person
who received the matter that is harmful to
minors.
(3) The relationship between the defen-
dant and the person who received the mat-
ter that is harmful to minors was a dating
relationship or an ongoing personal rela-
tionship. For purposes of this subdivi-
sion, the term “ongoing personal
relationship” does not include a family
relationship.
(4) The crime was committed by a per-
son less than twenty-two (22) years of
age.
(5) The person receiving the matter
expressly or implicitly acquiesced in the
defendant’s conduct.
(c) The defense to a prosecution described in
subsection (b) does not apply if:
(1) the image is disseminated to a person
other than the person:
(A) who sent the image; or
(B) who is depicted in the image; or
(2) the dissemination of the image vio-
lates:
(A) a protective order to prevent
domestic or family violence issued
under IC 34-26-5 (or, if the order
involved a family or household mem-
ber, under IC 34-26-2 or IC 34-4-5.1-
5 before their repeal);
(B) an ex parte order issued under IC
34-26-5 (or, if the order involved a
family or household member, an emer-
gency order issued under IC 34-26-2 or
IC 34-4-5.1 before their repeal);
(C) a workplace violence restraining
order issued under IC 34-26-6;
(D) a no contact order in a disposi-
tional decree issued under IC 31-34-20-
1, IC 31-37-19-1, or IC 31-37-5-6 (or
IC 31-6-4-15.4 or IC 31-6-4-15.9
before their repeal) or an order issued
under IC 31-32-13 (or IC 31-6-7-14
before its repeal) that orders the person
to refrain from direct or indirect con-
tact with a child in need of services or
a delinquent child;
(E) a no contact order issued as a con-
dition of pretrial release, including
release on bail or personal recogni-
zance, or pretrial diversion, and includ-
ing a no contact order issued under IC
35-33-8-3.6;
(F) a no contact order issued as a con-
dition or probation;
(G) a protective order to prevent
domestic or family violence issued
under IC 31-15-5 (or IC 31-16-5 or IC
31-1-11.5-8.2 before their repeal);
