§ 3-a

Ind. Code § 35-49-3-3-a

Dissemination of matter or conducting performance harmful to minors

As added by P.L.311-1983, SEC.33. Amended by P.L.59-1995, SEC.4; P.L.3-2002, SEC.4; P.L.140-2006, SEC.35; P.L.158-2013, SEC.648.
This provision is no longer in force

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.

Sec. 3. (a) Except as provided in subsection (b), a person who knowingly or intentionally:

  1. (1) disseminates matter to minors that is harmful to minors;
  2. (2) displays matter 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;
  3. (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. (4) engages in or conducts a performance before minors that is harmful to minors;
  5. (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. (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. (7) misrepresents that the person is a parent 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 performance that is harmful to minors;

    commits a Level 6 felony.

  8. (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 computer network unless:

    1. (1) the matter is obscene under IC 35-49-2-1 ;
    2. (2) the matter is child pornography under IC 35-42-4-4 ; or
    3. (3) the person distributes the matter to a child less than eighteen
    4. (18) years of age believing or intending that the recipient is a child less than eighteen (18) years of age.

As added by P.L.311-1983, SEC.33. Amended by P.L.59-1995, SEC.4; P.L.3-2002, SEC.4; P.L.140-2006, SEC.35; P.L.158-2013, SEC.648.

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