New Indiana Sexual Content Law Causing Controversy

INDIANAPOLIS — A new Indiana law that requires sellers of "sexually explicit materials" to register with the state has stirred opposition among mainstream booksellers. The law was signed by Indiana Governor Mitch Daniels on March 13.

The House Enrolled Act 1042 takes effect July 1. It requires a person who intends to sell sexually explicit materials to register and file a statement with the secretary of state. The state is to notify officials in the county in which the business is located. The law imposes a $250 filing fee, and failure to register would be a Class B misdemeanor.

The law defines "sexually explicit material" as "matter or (a) performance harmful to minors" as listed in Indiana Code 35-49-2-2: "(1) it describes or represents, in any form, nudity, sexual conduct, sexual excitement, or sadomasochistic abuse; (2) considered as a whole, it appeals to the prurient interest in sex of minors; (3) it is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors; and (4) considered as a whole, it lacks serious literary, artistic, political, or scientific value for minors."

The law applies only to new businesses, those that relocate or businesses that begin offering adult material after July 1.

"I think this is very hypocritical," Elizabeth Barden, owner of Big Hat Books in Indianapolis, told reporters. "On the one hand, we feel a need to censor ourselves, while on the other hand, we are spending our tax dollars to free the hearts and minds of the Iraqi people."

Barden said the law could include "just about any coming-of-age novel [as well as] books on health, hygiene and human sexuality."

The American Booksellers Foundation for Free Expression (ABFFE) has come out against the law. Calling it "clearly unconstitutional," ABFFE President Chris Finan said, "The way we read this bill, if you stock a single book with sexual content — even a novel or a book about sex education — you will have to register as a business that sells sexually explicit material. This is just outrageous from our standpoint, and we believe it is a violation of the 1st Amendment."

Finan said that ABFFE is not aware of similar laws in other states, but if the law goes unchallenged, other states might try to enact similar regulations.

Indiana University School of Law Professor Henry Karlson, a 1st Amendment expert, sees several potential flaws in the law, such as the description of material that "appeals to the prurient interest in sex of minors."

"The problem is, minors have an interest in sex, prurient or otherwise," Karlson said, "and how do you distinguish what is normal and what is prurient?"

Karlson also thinks businesses may not be sure whether to register.

"There's this huge gray area," he said. "If you register, you get lumped in with businesses that sell pornography and other sexually explicit material on some state list, and if you don't, you could face a fine or charges."

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Trump's Tariffs: The Impact on Pleasure Products and How the Industry Is Responding

President Donald Trump may have backed off his tariffs for most nations for the next three months while negotiating with individual countries, but he increased the tax rates on Chinese imports to 125% in a decision that has serious ramifications for many sectors, including the pleasure industry.

Sinatra Monroe on Channeling Vintage Glamour Into Modern Stardom

For Sinatra Monroe, her professional name is more than just a catchy stage moniker. “The name is my homage to Frank Sinatra and Marilyn Monroe,” she explains. “I would have loved to be in Hollywood and Las Vegas during that time. I definitely have two sides, and my Sinatra Monroe side lets me express my creativity and sexuality.”

XBIZ Retreat Set to Return to Cabo San Lucas Aug. 25-29

XBIZ Retreat is heading back to Cabo San Lucas for its LATAM edition, set for Aug. 25–29.

Victoria Rey Makes Her WIFEY Debut

Creator Victoria Rey has made her debut for new Vixen Media Group (VMG) studio imprint WIFEY alongside her husband Leo and Dante Colle.

Blush Debuts 'Melody' Vibrator

Blush has introduced the new Melody vibrator from its Play With Me collection.

Evil Angel Debuts Proxy Paige's 'Crossing Borders 2'

Evil Angel has released director Proxy Paige’s new title, “Crossing Borders 2.”

Kheper Releases New '7 Deadly Sins' Party Game

Kheper Games has released its new "7 Deadly Sins" party and drinking game.

Kazumi Stars in New Gangbang From Ricky's Room

Kazumi stars in the newest gangbang release from Ricky's Room, with Chocolate God, Derek Savage, Hollywood Cash, Mannie Coco, Mazee The Goat, and studio honcho Ricky Johnson.

Taboo Porn: A Look at the Ethics and Allure of the Forbidden

Taboo lurks on the edge of human curiosity, where power, transgression and fantasy collide. Taboo turns the illicit into the irresistible, appealing to our deepest, most secret urges.

Honey Play Box, Sssh.com Partner for Online Store

Honey Play Box and Sssh.com have partnered to launch the new online store, OhMySssh.com.

Show More