Section 35-45-5-4.5 - Notice of illegal gambling to operator(a) A prosecuting attorney may send written notice to an operator described in section 2(c) or 3(b) of this chapter. The notice must: (1) specify the illegal gambling activity;(2) state that the operator has not more than thirty (30) days after the date the notice is received to remove the illegal gambling activity; and(3) state that failure to remove the illegal gambling activity not more than thirty (30) days after receiving the notice may result in the filing of criminal charges against the operator. A prosecuting attorney who sends a notice under this section shall forward a copy of the notice to the attorney general. The attorney general shall maintain a depository to collect, maintain, and retain each notice sent under this section.
(b) The manner of service of a notice under subsection (a) must be:(1) in compliance with Rule 4.1, 4.4, 4.6, or 4.7 of the Indiana Rules of Trial Procedure; or(2) by publication in compliance with Rule 4.13 of the Indiana Rules of Trial Procedure if service cannot be made under subdivision (1) after a diligent search for the operator.(c) A notice served under subsection (a):(1) is admissible in a criminal proceeding under this chapter; and(2) constitutes prima facie evidence that the operator had knowledge that illegal gambling was occurring on the operator's Internet site.(d) A person outside Indiana who transmits information on a computer network (as defined in IC 35-43-2-3 ) and who knows or should know that the information is broadcast in Indiana submits to the jurisdiction of Indiana courts for prosecution under this section.As added by P.L. 70-2005, SEC.5.