Ind. Code ch. 35-49-1

in effect

Ind. Code § 35-49-1-0.1 Repealed

As added by P.L.220-2011, SEC.631. Repealed by P.L.63-2012, SEC.84.

Ind. Code § 35-49-1-1 Definitions applicable throughout article

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.311-1983, SEC.33.

Ind. Code § 35-49-1-2 "Distribute"

Sec. 2. "Distribute" means to transfer possession for a consideration. As added by P.L.311-1983, SEC.33.

Ind. Code § 35-49-1-3 "Matter"

Sec. 3. "Matter" means: (1) any book, magazine, newspaper, or other printed or written material; (2) any picture, drawing, photograph, motion picture, digitized image, or other pictorial representation; (3) any statue or other figure; (4) any recording, transcription, or mechanical, chemical, or electrical reproduction; or (5) any other articles, equipment, machines, or materials. As added by P.L.311-1983, SEC.33. Amended by P.L.3-2002, SEC.3.

Ind. Code § 35-49-1-4 "Minor"

Sec. 4. "Minor" means any individual under the age of eighteen (18) years. As added by P.L.311-1983, SEC.33.

Ind. Code § 35-49-1-5 "Nudity"

Sec. 5. "Nudity" means: (1) the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering; (2) the showing of the female breast with less than a fully opaque covering of any part of the nipple; or (3) the depiction of covered male genitals in a discernibly turgid state. As added by P.L.311-1983, SEC.33.

Ind. Code § 35-49-1-6 "Owner"

Sec. 6. "Owner" means any person who owns or has legal right to possession of any matter. As added by P.L.311-1983, SEC.33.

Ind. Code § 35-49-1-7 "Performance"

Sec. 7. "Performance" means any play, motion picture, dance, or other exhibition or presentation, whether pictured, animated, or live, performed before an audience of one (1) or more persons. As added by P.L.311-1983, SEC.33.

Ind. Code § 35-49-1-8 "Sado-masochistic abuse"

Sec. 8. "Sado-masochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification. As added by P.L.311-1983, SEC.33.

Ind. Code § 35-49-1-9 "Sexual conduct"

Sec. 9. "Sexual conduct" means: (1) sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5); (2) exhibition of the uncovered genitals in the context of masturbation or other sexual activity; (3) exhibition of the uncovered genitals of a person under sixteen (16) years of age; (4) sado-masochistic abuse; or (5) sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with an animal. As added by P.L.311-1983, SEC.33. Amended by P.L.158-2013, SEC.645.

Ind. Code § 35-49-1-10 "Sexual excitement"

Sec. 10. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal. As added by P.L.311-1983, SEC.33.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026