performance, taken as a whole, appeals to the prurient interest in sex; | ||
(2) | The matter or performance depicts or describes, in a patently offensive way, sexual conduct; and | |
(3) | The matter or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value. |
Ind. Code § 35-49-2-1 (Obscenity Statute). Sexual conduct is defined by statute to mean:
(1) | Sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5); | |
(2) | exhibition of the uncovered genitals in the context of masturbation or other sexual activity; | |
(3) | exhibition of the uncovered genitals of a person under sixteen (16) years of age; | |
(4) | sado-masochistic abuse; or | |
(5) | sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with an animal. |
Ind. Code § 35-49-1-9 (Sexual Conduct Statute). “‘Other sexual conduct’ means an act involving: (1) a sex organ of one … person and the mouth or anus of another person; or (2) the penetration of the sex organ or anus of a person by an object.” Ind. Code § 35-31.5-2-221.5.
[8]Finally, this Court has acknowledged that the word “depict” can mean “to form a likeness of by drawing or painting … to represent, portray, or delineate in other ways than in drawing or painting.” Fordyce, 569 N.E.2d at 364 (quotingCourt of Appeals of Indiana | Opinion 21A-CR-1952 | March 4, 2022
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