LIVE SEX AND VIOLENT ACT BUSINESSES

Indianapolis-Marion County Revised Code tit. II, ch. 391, art. VI

in effect

Indianapolis-Marion County Revised Code § 391-601 Findings and purpose.

Sec. 391-601. - Findings and purpose. (a) The council hereby finds that the operation of a business where persons pay to view or to participate in live sex and violent acts for a consideration: (1) Poses a substantial risk of the primary and secondary transfer of dangerous and life-threatening diseases, and contributes to the spread of sexually transmitted diseases; (2) Jeopardizes the health, safety, and general welfare of the inhabitants of the county, and in particular that of the patrons, employees, neighboring property owners, and emergency safety personnel; and (3) Constitutes a public nuisance per se, which should be prohibited. (b) Consistent with these findings, it is the purpose of this article to promote the health, safety, and general welfare of the inhabitants of the county by declaring live sex and violent act businesses to be unlawful. (G.O. 77, 1999, § 1)

Indianapolis-Marion County Revised Code § 391-602 Definitions.

Sec. 391-602. - Definitions. As used in this article, the following words and phrases shall have the definitions ascribed to them in this section. Business means and includes a sole proprietorship, corporation, limited liability company, partnership or business trust, or an association which, in exchange for consideration, caters or offers any services, facilities, or goods to the general public or to a discernible segment thereof. Consideration means and includes the payment of money or the exchange of any item of value for the direct or indirect right to enter, or to remain on, business premises or any portion thereof. Live sex and violent act means and includes any of the following occurrences: (1) Penetration of a human sex organ or anus by the human male sex organ or by any other object; (2) Physical contact between the sex organ of one (1) person and the mouth or anus of another person; or (3) Direct or indirect touching, fondling, injuring or manipulating of any part of a person's genitals, buttocks, anus or female breast by any part of that person's or another person's body, or by any other object; performed by a person or persons in the presence and view of another person. However, live sex and violent act shall not include any activity which constitutes the "practice of medicine or osteopathic medicine" by a "physician," as those terms are defined, and as authorized, by IC 25-22.5-1. (G.O. 77, 1999, § 1)

Indianapolis-Marion County Revised Code § 391-603 Live sex and violent act businesses prohibited.

Sec. 391-603. - Live sex and violent act businesses prohibited. (a) A business in which one (1) or more persons may view, or may participate in, a live sex and violent act for a consideration is hereby declared to be a public nuisance per se, and it shall be unlawful for any person to own, operate, or manage such a business in the city or county. (b) The provisions of subsection (a) of this section shall not apply to the nonobscene presentation, showing or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education or similar establishment, as a form of expression or opinion or communication of ideas or information, as differentiated from the promotion or exploitation of sex for the purpose of advancing the economic welfare of a commercial or business enterprise. (G.O. 77, 1999, § 1)

Indianapolis-Marion County Revised Code § 391-604 Enforcement and penalties.

Sec. 391-604. - Enforcement and penalties. (a) A person who violates any provision of this article shall be punishable as provided in section 103-3 of this Code; provided, however, the fine imposed for such violation shall not be less than two thousand dollars ($2,000.00), and each day that an offense continues shall constitute a separate violation. (b) In addition to any other penalties provided by law, the court may enter an order upon a finding of violation and for good cause shown, as follows: (1) Any facility which was the site of a violation under this article shall be closed and vacated until the court is satisfied that the facility will not be used further to conduct a live sex and violent act business; (2) The defendant shall pay restitution to any law enforcement agencies necessary for such agencies to recuperate their investigative costs in the enforcement of the instant case; (3) The defendant shall pay restitution to the city for attorneys' fees and other legal expenses incurred in the prosecution of the violation, and shall forfeit all consideration received by defendant in the conduct or operation of the live sex and violent business; and (4) Conditions shall be imposed on the defendant as necessary to ensure future compliance with this article. (G.O. 77, 1999, § 1)

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_CH391NU_ARTVILISEVIACBUFetched: 10/27/2026