Indiana criminal charge
Sale, distribution, or exhibition of obscene matter in Indiana
Sale, distribution, or exhibition of obscene matter is a criminal offense under Indiana law, defined by Ind. Code § 35-49-3-1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-49-3-1.
What is the penalty for sale, distribution, or exhibition of obscene matter in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Sale, distribution, or exhibition of obscene matter (base offense) — A person who knowingly or intentionally sends, brings, offers to distribute, distributes, or exhibits obscene matter commits this offense as a Class A misdemeanor.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Sale, distribution, or exhibition of obscene matter (base offense) — A person who knowingly or intentionally sends, brings, offers to distribute, distributes, or exhibits obscene matter commits this offense as a Class A misdemeanor.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Sale, distribution, or exhibition of obscene matter depicting minors — The offense is elevated to a Level 6 felony if the obscene matter depicts or describes sexual conduct involving a person who is or appears to be under eighteen years of age.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Sale, distribution, or exhibition of obscene matter depicting minors — The offense is elevated to a Level 6 felony if the obscene matter depicts or describes sexual conduct involving a person who is or appears to be under eighteen years of age.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is sale, distribution, or exhibition of obscene matter classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sale, distribution, or exhibition of obscene matter (base offense) | Class A Misdemeanor | A person who knowingly or intentionally sends, brings, offers to distribute, distributes, or exhibits obscene matter commits this offense as a Class A misdemeanor. | Ind. Code § 35-49-3-1undefined |
| Sale, distribution, or exhibition of obscene matter depicting minors | Level 6 Felony | The offense is elevated to a Level 6 felony if the obscene matter depicts or describes sexual conduct involving a person who is or appears to be under eighteen years of age. | Ind. Code § 35-49-3-1undefined |
Common questions about sale, distribution, or exhibition of obscene matter in Indiana
Is sale, distribution, or exhibition of obscene matter a felony or a misdemeanor in Indiana?
It depends on the circumstances: sale, distribution, or exhibition of obscene matter ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-49-3-1.
Sale, distribution, or exhibition of obscene matter (base offense): Class A Misdemeanor (Ind. Code § 35-49-3-1) · Sale, distribution, or exhibition of obscene matter depicting minors: Level 6 Felony (Ind. Code § 35-49-3-1)
What are the penalties for sale, distribution, or exhibition of obscene matter in Indiana?
Which Indiana statute covers sale, distribution, or exhibition of obscene matter?
Sale, distribution, or exhibition of obscene matter is governed by Ind. Code § 35-49-3-1 (Sale, distribution, or exhibition of obscene matter).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.