HEA 1042 is a new Indiana law which requires any seller of sexually explicit materials to pay a fee of $250 and register with the secretary of state. This information is passed on to local officials so that they can monitor the businesses activities. “Sexually explicit materials” is defined as follows in the bill:
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:
(1) birth control or contraceptive devices; or
(2) services, programs, products, or materials provided by a communications service provider (as defined in IC 8-1-32.6-3).
Votes: House passes: 88-5. Senate passes: 44-2. Voting no in the House: Crooks, Noe, Avery, Moses and Pierce. Senate no’s: Boots and Mrvan.
First Amendment challenges are already being considered.