January 25, 2008





HOUSE BILL No. 1042

_____


DIGEST OF HB 1042 (Updated January 24, 2008 1:32 pm - DI 107)



Citations Affected: IC 23-1; IC 24-4; noncode.

Synopsis: Intent to sell sexually explicit products. Requires a person that intends to sell sexually explicit materials, products, or services to register and file a statement with the secretary of state. Requires the secretary of state to notify certain zoning boards and county executives of a registration. Provides that a person that sells sexually explicit materials, products, or services without registering and filing the statement commits a Class B misdemeanor.

Effective: July 1, 2008.





Goodin , Harris T , Stutzman




    January 8, 2008, read first time and referred to Committee on Family, Children and Human Affairs.
    January 24, 2008, amended, reported _ Do Pass.






January 25, 2008

Second Regular Session 115th General Assembly (2008)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1042



    A BILL FOR AN ACT to amend the Indiana Code concerning trade regulation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 23-1-55; (08)HB1042.1.1. -->     SECTION 1. IC 23-1-55 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]:
     Chapter 55. Intention to Sell Sexually Explicit Materials, Products, or Services
    Sec. 1. A person, firm, corporation, association, partnership, limited liability corporation, or other entity that intends to sell sexually explicit materials, products, or services shall register with the secretary of state the intent to sell sexually explicit materials, products, or services and provide a statement detailing the types of materials, products, or services that are intended to be sold.
    Sec. 2. After receiving a registration described in section 1 of this chapter, the secretary of state shall notify:
        (1) the county executive; and
        (2) all local zoning boards;
located in the county in which a entity described in section 1 of this chapter intends to sell sexually explicit materials, products, or

services of the registration filed under section 1 of this chapter.

SOURCE: IC 24-4-16; (08)HB1042.1.2. -->     SECTION 2. IC 24-4-16 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]:
     Chapter 16. Sexually Explicit Materials and Services
    Sec. 1. As used in this chapter,
"person" means an individual, a firm, a corporation, an association, a partnership, a limited liability corporation, or another entity.
    Sec. 2. (a) For purposes of this chapter, materials, products, or services are "sexually explicit materials, products, or services" if:
        (1) the average person, applying contemporary community standards, would find that:
            (A) the dominant theme of the materials, products, or services, taken as a whole, appeals to the prurient interest in sex; or
            (B) the materials, products, or services depict or describe, in a patently offensive way, sexual conduct; or
        (2) the materials, products, or services are designed for use in or marketed primarily for:
            (A) the stimulation of human genital organs; or
            (B) masochism or sadism.
    (b) The term does not include:
        (1) birth control or contraceptive
devices; or
        (2) services, programs, products, or materials provided by a communications service provider (as defined in IC 8-1-32.6-3).
    Sec. 3. A person or an employee or agent of a person may not sell sexually explicit materials, products, or services unless a registration and statement are properly filed as described in IC 23-1-55-1.
    Sec. 4. A person or an employee or agent of a person who knowingly or intentionally violates this chapter commits a Class B misdemeanor.

SOURCE: ; (08)HB1042.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2008] IC 24-4-16-4, as added by this act, applies to offenses committed after June 30, 2008.