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 © 2026 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

Anna Kolba Makes Her Evil Angel Debut

Anna Kolba has made her debut for Evil Angel alongside director Richard Mann.

Victoria Grant, Dillon Diaz Topline 'TS Lessons' From TransSensual

Victoria Grant and Dillon Diaz headline "TS Lessons," from Mile High Media studio imprint TransSensual.

On the Set: Fast Cars, Sleazy Detectives and Offbeat Mayhem Fuel Ricky Greenwood's 'In the Bag'

Addison Vodka sits behind the wheel of a yellow 1970 Dodge Challenger RT while Elly Clutch rides shotgun, the muscle car's black racing stripe slicing across the hood. Parked beneath the hazy California sky, the whole setup feels like something ripped straight from a Quentin Tarantino film.

Honey Play Box Debuts 'Kai Pro' Stroker at EroSpain

Honey Play Box introduced the new Kai Pro stroker at the 2026 EroSpain trade show in Barcelona.

Adam & Eve Reveals Results of 'Masturbation' Survey

Adam & Eve has released the results of a survey asking respondents about their level of satisfaction from masturbating.

JD Directs New Anne Antonela Showcase

Evil Angel has released director JD's latest showcase, titled "Anne Antonela Unleashed."

Lovense Reveals Results of 'Prostate Pleasure' Survey

Lovense has published the results of a survey on men’s reluctance to explore prostate pleasure.

Kiiroo Debuts 'Keon 2' Stroker

Kiiroo has unveiled its new Keon 2 Stroker.

Aleksa Mink Performs Her 1st Anal for HardX

Aleksa Mink performs her first anal scene alongside multi-XMAs winner Zac Wild in the latest release from HardX.

Isa Bella Stars in Latest From New Sensations

Isa Bella stars with Nathan Bronson in the latest release from New Sensations.

Show More