Section 35-45-2-2 - Harassment; "obscene message" defined(a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication:(1) makes a telephone call, whether or not a conversation ensues;(2) communicates with a person by telegraph, mail, or other form of written communication;(3) transmits an obscene message, or indecent or profane words, on a Citizens Radio Service channel; or(4) uses a computer network (as defined in IC 35-43-2-3(a)) or other form of electronic communication to: (A) communicate with a person; or(B) transmit an obscene message or indecent or profane words to a person; commits harassment, a Class B misdemeanor.
(b) A message is obscene if: (1) the average person, applying contemporary community standards, finds that the dominant theme of the message, taken as a whole, appeals to the prurient interest in sex;(2) the message refers to sexual conduct in a patently offensive way; and(3) the message, taken as a whole, lacks serious artistic, literary, political, or scientific value.As added by Acts1976 , P.L. 148, SEC.5. Amended by Acts1977 , P.L. 340, SEC.72; Acts1977 , P.L. 343, SEC.1; Acts1978 , P.L. 82, SEC.4; P.L. 216-1996, SEC.22.