Sec. 2. (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.
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