(a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication:

1. (1) makes a telephone call, whether or not a conversation ensues;
2. (2) communicates with a person by telegraph, mail, or other form of written communication;
3. (3) transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or

4. (4) uses a computer network (as defined in IC 35-43-2-3 (a)) or other form of electronic communication to:

   1. (A) communicate with a person; or

   2. (B) transmit an obscene message or indecent or profane words to a person;

      commits harassment, a Class B misdemeanor.

(b) A message is obscene if:

1. (1) the average person, applying contemporary community standards, finds that the dominant theme of the message, taken as a whole, appeals to the prurient interest in sex;
2. (2) the message refers to sexual conduct in a patently offensive way; and

3. (3) the message, taken as a whole, lacks serious artistic, literary, political, or scientific value.

   As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.72; Acts 1977, P.L.343, SEC.1; Acts 1978, P.L.82, SEC.4; P.L.216-1996, SEC.22.