Introduced Version






SENATE BILL No. 404

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-31.5-2; IC 35-45-4-6.

Synopsis: Minors and sexually oriented businesses. Defines terms concerning sexually oriented businesses. Provides that a person less than 21 years of age may not be on the premises of a sexually oriented business.

Effective: July 1, 2013.





Banks, Kruse




    January 10, 2013, read first time and referred to Committee on Public Policy.







Introduced

First Regular Session 118th General Assembly (2013)


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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SENATE BILL No. 404



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

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

SOURCE: IC 35-31.5-2-8.1; (13)IN0404.1.1. -->     SECTION 1. IC 35-31.5-2-8.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8.1. "Adult arcade" means any place to which the public is permitted or invited in which coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
SOURCE: IC 35-31.5-2-8.4; (13)IN0404.1.2. -->     SECTION 2. IC 35-31.5-2-8.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8.4. "Adult books or videos" means:
        (1) books, magazines, periodicals, or other printed matter; or
        (2) photographs, films, motion pictures, video cassettes,

compact discs, digital video discs, slides, or other visual representations;
that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas.

SOURCE: IC 35-31.5-2-8.5; (13)IN0404.1.3. -->     SECTION 3. IC 35-31.5-2-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8.5. "Adult bookstore" or "adult video store" means a commercial establishment in which adult books or videos form at least thirty percent (30%) of:
        (1) the establishment's displayed merchandise;
        (2) the wholesale value of the establishment's displayed merchandise;
        (3) the retail value of the establishment's displayed merchandise;
        (4) the establishment's total revenue; or
        (5) the establishment's interior business space.
The term includes a commercial establishment that operates or maintains an adult arcade.
        
SECTION 4. IC 35-31.5-2-8.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8.6. "Adult cabaret" means a night club, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, that regularly features persons who appear semi-nude.
SOURCE: IC 35-31.5-2-8.7; (13)IN0404.1.5. -->     SECTION 5. IC 35-31.5-2-8.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8.7. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, DVDs, slides, digital images, or similar photographic reproductions, that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas, are regularly shown to more than five (5) persons.
SOURCE: IC 35-31.5-2-36.8; (13)IN0404.1.6. -->     SECTION 6. IC 35-31.5-2-36.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 36.8. "Characterized by" means describing the essential character or dominant theme of an item.
SOURCE: IC 35-31.5-2-273.2; (13)IN0404.1.7. -->     SECTION 7. IC 35-31.5-2-273.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 273.2. "Regularly" means the consistent and repeated engaging in or performance of an act on an

ongoing basis.

SOURCE: IC 35-31.5-2-291.3; (13)IN0404.1.8. -->     SECTION 8. IC 35-31.5-2-291.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 291.3. "Semi-nude" or "state of semi-nudity" means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at this point, or the showing of the male or female buttocks. The term includes showing the lower part of the human female breast, but does not include any part of the cleavage of the female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel, if the areola is not exposed in whole or in part.
SOURCE: IC 35-31.5-2-291.4; (13)IN0404.1.9. -->     SECTION 9. IC 35-31.5-2-291.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 291.4. "Semi-nude model studio" means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The term does not apply to any place where persons appearing in a state of semi-nudity do so in a modeling class that is operated:
        (1) by a college, junior college, or university supported entirely or partly by taxation;
        (2) by a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
        (3) in a structure:
            (A) that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
            (B) where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.

SOURCE: IC 35-31.5-2-300.5; (13)IN0404.1.10. -->     SECTION 10. IC 35-31.5-2-300.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 300.5. "Sexual encounter center" means a business or commercial enterprise that, as one (1) of its principal purposes, purports to offer, for any form of consideration, physical contact in the form of wrestling or tumbling between two (2) or more persons when one (1) or more of the persons is semi-nude.
SOURCE: IC 35-31.5-2-302.5; (13)IN0404.1.11. -->     SECTION 11. IC 35-31.5-2-302.5 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 302.5. "Sexually oriented business" means an adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sexual encounter center.
        
SECTION 12. IC 35-31.5-2-309.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 309.5. "Specified anatomical areas" means the:
        (1) less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
        (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SOURCE: IC 35-31.5-2-309.6; (13)IN0404.1.13. -->     SECTION 13. IC 35-31.5-2-309.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 309.6. "Specified sexual activity" means any of the following acts:
        (1) Intercourse, oral copulation, masturbation, or sodomy.
        (2) Excretory functions as a part of or in connection with any of the activities described in subdivision (1).

SOURCE: IC 35-45-4-6; (13)IN0404.1.14. -->     SECTION 14. IC 35-45-4-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. A person who knowingly, intentionally, or recklessly permits a person less than twenty-one (21) years of age to be on the premises of a sexually oriented business commits permitting an underage person access to a sexually oriented business, a Class C misdemeanor.