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Aimed at identifying businesses that sell "sexually explicit" material, the law, scheduled to go into effect July 1, would require any business selling anything "harmful to minors" to register with the state and pay a $250 fee.

According to the Indiana Code, that would include anything that "describes or represents, in any form, nudity, sexual conduct, sexual excitement, or sadomasochistic abuse" and "lacks serious literary, artistic, political, or scientific value for minors."

The suit has been filed by the American Civil Liberties Union of Indiana and attorneys for several national organizations representing sellers of books, CDs, and DVDs. Ken Falk, legal director for the ACLU branch, said the law is vague and overly broad and violates the first amendment. What is harmful to a six-year-old for example, may be fine for a 16-year-old, which means that sellers would have to determine themselves what is harmful, then decide whether to register.

Businesses that do not register could be subject to a fine of up to $1,000 and 180 days imprisonment.  

Maxwell Anderson, director of the IMA, which sells art books containing nudes and other potentially "harmful" material, said, "Our role in this community is to foster tolerance for creativity, and this law is completely in opposition to that mission."

State Rep. Terry Goodin, D-Crothersville, who sponsored the legislation, said  it "was not intended to affect museums or libraries, and I don't believe it will."