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

Ricky's Room Signs Chanell Heart to 1-Year Deal

Ricky’s Room has signed Chanell Heart to a non-exclusive, multi-scene contract for one year.

Jonni Darkko Drops Evil Angel Blowbang With Jennifer White

Jennifer White stars in an Evil Angel blowbang release from director Jonni Darkko.

Ariel Demure Leads Latest From TransSensual

Reigning XMAs Trans Performer of the Year Ariel Demure stars in the latest TransSensual scene, titled "My Big Cock Cummy Wedding."

Autumn Rain Fronts Latest Release From Evil Angel

Autumn Rain stars alongside Christian Wilde in the latest Evil Angel scene.

Taylor Vixxen Stars in New Elegant Angel Release

Taylor Vixxen stars with Brad Newman in a new scene from Elegant Angel, titled “Wet and MILFy.”

Octavia Red Fronts Latest From Blacked Raw

Octavia Red stars with Vixen Media Group exclusive Jason Luv in the latest release from studio imprint Blacked Raw.

Honey Play Box Introduces 'Vibrosa' Egg Vibe

Honey Play Box is debuting its new Vibrosa app-controlled egg vibrator.

XBIZ 2026 Conference to Debut All-New Company Lounges, Community Track

The event website for XBIZ 2026 is now live, unveiling details for North America’s largest adult industry conference, including two all-new show features: Company Lounges and a Community Track.

Maria May Makes Her WIFEY Debut

Creator Maria May stars with her husband Jeff, Hollywood Cash, and Jamie Knoxx in the latest release from Vixen Media Group studio imprint WIFEY.

ProDx Health Joins The Play as New Testing Partner, Launches 'Play Safe' Kit

ProDx Health has joined lifestyle organization Play LA as its new testing partner and marked the partnership with the launch of its Play Safe kit.

Show More