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35-49-2-3. Arrest; search; seizure of matter; motion pictures

IN Code § 35-49-2-3 (2019) (N/A)
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Sec. 3. (a) Whenever a person:

(1) offers matter for distribution to the public as stock-in-trade of a lawful business or activity; or

(2) exhibits matter at a commercial theater showing regularly scheduled performances to the general public;

the person may be arrested under this article only if the arresting officer has first obtained an arrest warrant, and matter may be seized as evidence only if a search warrant has first been obtained.

(b) The quantity of matter seized may encompass no more than is reasonable and necessary for the purpose of obtaining evidence.

(c) If:

(1) the subject of a seizure under this chapter is a motion picture that is allegedly harmful to minors; and

(2) the defendant or owner of the motion picture proves that other copies of the motion picture are not available for exhibition;

the court shall order that the defendant or owner may, at his own expense, copy the motion picture and continue showing the motion picture to adults pending a preliminary determination under section 4(b) of this chapter.

As added by P.L.311-1983, SEC.33.

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35-49-2-2. Matter or performance harmful to minors
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