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(a) Obscene matter or performance defined. A matter or performance is obscene for purposes of this section if:

(1) The average person, applying contemporary community standards, finds that the dominant theme of the matter or performance, taken as a whole, appeals to the prurient interest in sex;

(2) The matter or performance depicts or describes, in a patently offensive way, sexual conduct; and

(3) The matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.

State law reference—Similar provisions, IC 35-49-2-1.

(b) Warrant required for search or arrest. Whenever a person:

(1) Offers matter for distribution to the public as stock-in-trade of a lawful business or activity; or

(2) Exhibits matter at a commercial theater showing regularly scheduled performances to the general public;

the person may be arrested under this section only if the arresting officer has first obtained an arrest warrant, and matter may be seized as evidence only if a search warrant has first been obtained. The quantity of matter seized may encompass no more than is reasonable and necessary for the purpose of obtaining evidence.

State law reference—Similar provisions, IC 35-49-2-3.

(c) Preliminary determination of obscenity at adversary hearing. Within ten (10) days after:

(1) Matter is obtained by seizure or by purchase under this section; or

(2) The defendant is arrested under this section;

whichever is later, and before trial, the state, the defendant, an owner, or any other party in interest of any matter seized or purchased may apply for and obtain a prompt adversary hearing. At the adversary hearing, the court shall make a preliminary determination of whether the matter is probably obscene.

State law reference—Similar provisions, IC 35-49-2-4.

(d) Importation or distribution of obscene matter. A person shall not knowingly or intentionally:

(1) Send or bring into the Town obscene matter for sale or distribution; or

(2) Offer to distribute, distribute, or exhibit to another person obscene matter.

State law reference—Similar provisions, IC 35-40-3-1.

(e) Activities related to obscene performance. No person shall knowingly or intentionally engage in, participate in, manage, produce, sponsor, present, exhibit, photograph, film, or videotape any obscene performance.

State law reference—Similar provisions, IC 35-49-3-2.

(Code 1983, 36-5-2-9(k), §§ 1—3)