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Indiana

Last updated: December 12, 2010

IC 35-45-2-2

Harassment; "obscene message" defined
Sec. 2.

  1. A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication:
    1. makes a telephone call, whether or not a conversation ensues;
    2. communicates with a person by telegraph, mail, or other form of written communication;
    3. transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or
    4. uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic communication to:
      1. communicate with a person; or
      2. transmit an obscene message or indecent or profane words to a person; commits harassment, a Class B misdemeanor.
  2. A message is obscene if:
    1. the average person, applying contemporary community standards, finds that the dominant theme of the message, taken as a whole, appeals to the prurient interest in sex;
    2. the message refers to sexual conduct in a patently offensive way; and
    3. the message, taken as a whole, lacks serious artistic, literary, political, or scientific value.<,li>

As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.72; Acts 1977, P.L.343, SEC.1; Acts 1978, P.L.82, SEC.4; P.L.216-1996, SEC.22.