Indiana Code
Ind. Code § 35-49-1-1 (2026)
Definitions applicable throughout article
✓ current as of May 2026
Sec. 1. The definitions in this chapter apply throughout this article.
As added by P.L.311-1983, SEC.33.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1986–2026 · leading case: Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46 (1989).
Fort Wayne Books, Inc. v. Indiana, 489 U.S. 46 (1989). “And we note that the Indiana obscenity statute, Ind. Code § 35-49-1-1 et seq. (1988), is closely tailored to conform *58 to the Miller standards.”
State v. Sappenfield, 505 N.E.2d 504 (Ind. Ct. App. 1987). “§ 35-45-6-2, as it applies to a violation of Indiana's obscenity statute, I.C. § 35-49-1-1 et seq., is unconstitutionally vague and violative of the Due Process Clause of the Fourteenth Amendment.”
Van Sant v. State, 523 N.E.2d 229 (Ind. Ct. App. 1988). “Indiana's obscenity statute is set forth in Indiana Code sections 35-49-1-1 through 35-49-3-4. The portion of the statute that defines obscene matter is found at 35-49-2-1, and provides as follows:.”
State v. Henry, 717 P.2d 189 (Or. Ct. App. 1986). “Code § 35-49-2-1 together with the definition in Ind. Code § 35-49-1-1 et seq. and Ind. Code § 35-49-3-1 ) adopt, almost verbatim, the Miller standard.”
Johnny R. Evans v. State of Indiana (Ind. Ct. App. 2026). “Court of Appeals of Indiana | Opinion 25A-CR-1416 | January 13, 2026 Page 9 of 13 conduct); and see Ind. Code § 35-49-1-1 (“The definitions in this chapter apply throughout this article.”
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