Indiana criminal charge
Obscene performance in Indiana
Obscene performance is a criminal offense under Indiana law, defined by Ind. Code § 35-49-3-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-49-3-2.
What is the penalty for obscene performance in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Obscene performance (general) — Base offense of knowingly or intentionally engaging in or facilitating an obscene performance.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Obscene performance (general) — Base offense of knowingly or intentionally engaging in or facilitating an obscene performance.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Obscene performance depicting a minor — Applies when the obscene performance depicts or describes sexual conduct involving a person who is or appears to be under 18 years of age.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Obscene performance depicting a minor — Applies when the obscene performance depicts or describes sexual conduct involving a person who is or appears to be under 18 years of age.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is obscene performance classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Obscene performance (general) | Class A Misdemeanor | Base offense of knowingly or intentionally engaging in or facilitating an obscene performance. | Ind. Code § 35-49-3-2undefined |
| Obscene performance depicting a minor | Level 6 Felony | Applies when the obscene performance depicts or describes sexual conduct involving a person who is or appears to be under 18 years of age. | Ind. Code § 35-49-3-2undefined |
Common questions about obscene performance in Indiana
Is obscene performance a felony or a misdemeanor in Indiana?
It depends on the circumstances: obscene performance ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-49-3-2.
Obscene performance (general): Class A Misdemeanor (Ind. Code § 35-49-3-2) · Obscene performance depicting a minor: Level 6 Felony (Ind. Code § 35-49-3-2)
What are the penalties for obscene performance in Indiana?
Which Indiana statute covers obscene performance?
Obscene performance is governed by Ind. Code § 35-49-3-2 (Obscene performance).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.