Ind. Code § 35-49-2-1 : CRIMINAL LAW AND PROCEDURE — OBSCENITY AND PORNOGRAPHY — GENERAL PROVISIONS —49-2-1 - Obscene matter or performance TEXT PDF A matter or performance is obscene for purposes of this article if: (1) the average person, applying contemporary community standards, finds that the dominant theme of the matter or 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. IC 35-49-2-1 As added by P.L. 311-1983, SEC.33.