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Indiana Code Title 35. Criminal Law and Procedure § 35-49-2-3

Current as of January 02, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-49-2-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-49-2-3/

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