Section 35-49-3-3 - Dissemination of matter or conducting performance harmful to minors(a) Except as provided in subsection (b) and section 4 of this chapter, a person who knowingly or intentionally: (1) disseminates matter to minors that is harmful to minors (as described in IC 35-49-2);(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) 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) engages in or conducts a performance before minors that is harmful to minors;(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) 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) 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.
(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) the matter is obscene under IC 35-49-2-1;(2) the matter is child pornography under IC 35-42-4-4; or(3) the person distributes the matter to a child less than eighteen (18) years of age believing or intending that the recipient is a child less than eighteen (18) years of age.Amended by P.L. 234-2023,SEC. 5, eff. 1/1/2024.Amended by P.L. 158-2013, SEC. 648, eff. 7/1/2014.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.