Introduced Version






HOUSE BILL No. 1172

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 23-1-55; IC 24-4-15.

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. 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, 2007.





Goodin




    January 11, 2007, read first time and referred to Committee on Family, Children and Human Affairs.







Introduced

First Regular Session 115th General Assembly (2007)


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HOUSE BILL No. 1172



    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; (07)IN1172.1.1. -->     SECTION 1. IC 23-1-55 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 55. Intention to Sell Sexually Explicit Materials, Products, or Services
    Sec. 1. A person, a firm, a corporation, an association, a partnership, a limited liability corporation, or other entity that intends to sell sexually explicit materials, products, or services (as defined in IC 24-4-15-2(a)) shall register with the secretary of state of 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.

SOURCE: IC 24-4-15; (07)IN1172.1.2. -->     SECTION 2. IC 24-4-15 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 15. 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 birth control or contraceptive devices.
    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 recklessly violates this chapter commits a Class B misdemeanor.

SOURCE: ; (07)IN1172.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2007] IC 24-4-15-4, as added by this act, applies to offenses committed after June 30, 2007.