Sec. 3. (a) Whenever a person:

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

Terms Used In Indiana Code 35-49-2-3

  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) exhibits matter at a commercial theater showing regularly scheduled performances to the general public;

the person may be arrested under this article 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.

     (b) The quantity of matter seized may encompass no more than is reasonable and necessary for the purpose of obtaining evidence.

     (c) If:

(1) the subject of a seizure under this chapter is a motion picture that is allegedly harmful to minors; and

(2) the defendant or owner of the motion picture proves that other copies of the motion picture are not available for exhibition;

the court shall order that the defendant or owner may, at his own expense, copy the motion picture and continue showing the motion picture to adults pending a preliminary determination under section 4(b) of this chapter.

As added by P.L.311-1983, SEC.33.