OBSCENITY

Indianapolis-Marion County Revised Code tit. II, ch. 421, art. II

in effect

Indianapolis-Marion County Revised Code § 421-201 What constitutes obscenity.

Sec. 421-201. - What constitutes obscenity. Material under this article shall be considered obscene and unlawful if: (1) The average person applying contemporary community standards would find that the material, taken as a whole, appeals to the prurient interests; and (2) The material depicts or describes patently offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or simulated, or patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals; and (3) The material, taken as a whole, lacks serious literary, artistic, political or scientific value. (Code 1975, § 20-142)

Indianapolis-Marion County Revised Code § 421-202 Dealing in, sale, loan, rent or lease of obscene film and material unlawful.

Sec. 421-202. - Dealing in, sale, loan, rent or lease of obscene film and material unlawful. It shall be unlawful for any person, corporation, or officer, agent, director or employee of a corporation, knowingly to deal in, sell, loan, rent or lease any material in the form of a motion picture film, or other material defined by this article to be obscene. (Code 1975, § 20-143)

Indianapolis-Marion County Revised Code § 421-203 Public possession, exhibition and performance of obscene film and live material unlawful.

Sec. 421-203. - Public possession, exhibition and performance of obscene film and live material unlawful. It shall be unlawful for any person, corporation, or officer, agent, director or employee of a corporation, knowingly to possess in public or exhibit or perform in any public place a motion picture film, stage show, live act or production defined in this article to be obscene. (Code 1975, § 20-144)

Indianapolis-Marion County Revised Code § 421-204 Sale, loan, exhibition or public possession of obscene literature unlawful.

Sec. 421-204. - Sale, loan, exhibition or public possession of obscene literature unlawful. It shall be unlawful for any person, corporation, or officer, agent, director or employee of a corporation, knowingly to sell, loan, exhibit or possess in public any book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, instrument, statue, drawing or other similar material defined by this article to be obscene. (Code 1975, § 20-145)

Indianapolis-Marion County Revised Code § 421-205 Judicial determination before seizure of film and provision for adversary proceedings available after seizure.

Sec. 421-205. - Judicial determination before seizure of film and provision for adversary proceedings available after seizure. (a) Upon request from the city corporation counsel, or his designee, a neutral superior court judge may view a motion picture film and focus searchingly on the question of obscenity. (1) If the judge views the film and determines that probable cause exists that the film is obscene, he shall issue a warrant to seize the film. The neutral superior court judge shall not serve as trial court in any subsequent proceedings. (2) After the seizure warrants are executed, all film and necessary equipment housing the film, if the film cannot be segregated, shall be preserved as evidence. (b) After seizure of the film, but before a requested adversary proceeding, upon a showing to the trial court that other copies of the film are not available to the exhibitor, the trial court shall permit the seized film to be copied so that showing can be continued pending a judicial determination of the obscenity issue in an adversary proceeding. (1) The trial court shall, upon granting a request to so copy, permit the seized film to be copied, under circumstances which assure that there will be no tampering with the film. (2) The trial court shall order the original film to be returned within twenty-four (24) hours after the granting of the request to copy. (3) The copy shall be preserved by the city as evidence. (c) After seizure of a film, a prompt judicial determination of the obscenity issue shall be available in an adversary proceeding, before a trial court, at the request of an interested party. Adversary proceedings shall also be available at the request of an interested party, where there has been no seizure of a film, pursuant to a prior judicial determination. (1) The adversary proceeding shall occur within ten (10) days after request. (2) All parties may subpoena witnesses and present evidence. (3) If the trial court finds the film obscene at the adversary proceeding, the cause shall proceed on the court docket to trial, and he shall issue a warrant to seize the original film and any copies not being preserved by the city as evidence. (4) If the trial court finds the film not to be obscene at the adversary proceeding, all charges pending against any party for violation of this article shall be dismissed, and he shall order the return of the original film being preserved by the city as evidence. (Code 1975, § 20-146)

Indianapolis-Marion County Revised Code § 421-206 Adversary proceedings available before seizure of any book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, instrument, statue, drawing or other similar material.

Sec. 421-206. - Adversary proceedings available before seizure of any book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, instrument, statue, drawing or other similar material. An adversary proceeding for judicial determination of obscenity shall be conducted by the trial court before seizure of any book, magazine, pamphlet, writing, card, advertisement, circular, print, picture, photograph, instrument, statue, drawing or other similar material, at the request of an interested party. (1) The adversary proceeding shall occur within ten (10) days after request. (2) All parties may subpoena witnesses and present evidence. (3) If the trial court finds the book, magazine, pamphlet, writing, card, advertisement, circular, print, picture, photograph, instrument, statue, drawing or other similar material to be obscene, the cause shall proceed on the court docket to trial, and the trial court shall issue a warrant for the seizure of such material found to be obscene and any copy thereof. All of such material seized shall be preserved by the city as evidence and disposed of in accordance with the provisions of this article. (4) If the trial court finds such material not to be obscene at the adversary proceeding, all charges pending against any party for violation of this article shall be dismissed. (Code 1975, § 20-147)

Indianapolis-Marion County Revised Code § 421-207 Destruction of obscene material.

Sec. 421-207. - Destruction of obscene material. After a trial and a finding that any material enumerated under this article is obscene and after exhaustion of appellate remedies, if such finding of obscenity is unchanged, the trial court may order the material destroyed upon petition of the corporation counsel or his designee. (Code 1975, § 20-148)

Indianapolis-Marion County Revised Code § 421-208 Pre-emption by state law as to minors.

Sec. 421-208. - Pre-emption by state law as to minors. This article shall be inapplicable to the exhibition of obscenity in the form of a motion picture film or sale or loan for monetary consideration of obscenity in the form of a picture, photograph, drawing, sculpture, book, pamphlet, magazine, sound recording or similar material to minors seventeen (17) years of age or younger, as this is made unlawful by state law. (Code 1975, § 20-149)

Indianapolis-Marion County Revised Code § 421-209 Penalty.

Sec. 421-209. - Penalty. Any person or corporation violating any provision of this article shall be guilty of an ordinance violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00). (Code 1975, § 20-150)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIPUORSA_CH421PUDEOB_ARTIIOBFetched: 10/27/2026