Section 35-45-4-6 – Indecent display by a youth
(a) This section applies only to a person to whom all of the following apply:
(1) The person is less than eighteen (18) years of age.
(2) The person is not more than four (4) years older than the individual who is depicted in the image or who received the image.
(3) The relationship between the person and the individual who received the image or who is depicted in the image was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term “ongoing personal relationship” does not include a family relationship.
(4) The individual receiving the image or who is depicted in the image acquiesced in the person’s conduct.
(b) The following definitions apply throughout this section:
(1) “Disseminate” means to transfer possession for no direct or indirect consideration.
(2) “Matter” has the meaning set forth in IC 35-49-1-3.
(3) “Performance” has the meaning set forth in IC 35-49-1-7.
(4) “Sexual conduct” means sexual intercourse, other sexual conduct, exhibition of the uncovered genitals intended to satisfy or arouse the sexual desires of any person, sadomasochistic abuse, sexual intercourse or other sexual conduct with an animal, or any fondling or touching of a child by another person or of another person by a child intended to arouse or satisfy the sexual desires of either the child or the other person.
(c) A person who, on or by means of a cellular telephone, social media web site, or another wireless or cellular communications device, knowingly or intentionally:
(1) produces, presents, exhibits, photographs, records, or creates a digitized image of any performance or incident that includes sexual conduct by a child at least twelve (12) years of age;
(2) disseminates, exhibits to another person, or offers to disseminate or exhibit to another person, matter that depicts or describes sexual conduct by a child at least twelve (12) years of age; or
(E) a digitized image; or
(F) any pictorial representation;that depicts or describes sexual conduct by a child at least twelve (12) years of age who the person knows is less than sixteen (16) years of age or who appears to be less than sixteen (16) years of age, and that lacks serious literary, artistic, political, or scientific value; commits indecent display by a youth, a Class A misdemeanor.
(d) Subsection (c) does not apply to a bona fide school, museum, or public library that qualifies for certain property tax exemptions under IC 6-1.1-10, or to an employee of that school, museum, or public library acting within the scope of the employee’s employment when the possession of the listed materials is for legitimate scientific or educational purposes.
Added by P.L. 168-2014, SEC. 83, eff. 7/1/2014.
Section 35-45-4-8 – Distribution of an intimate image
(a) This section does not apply to a photograph, digital image, or video that is distributed:
(1) to report a possible criminal act;
(2) in connection with a criminal investigation;
(3) under a court order; or
(4) to a location that is:
(A) intended solely for the storage or backup of personal data, including photographs, digital images, and video; and
(b) As used in this section, “distribute” means to transfer to another person in, or by means of, any medium, forum, telecommunications device or network, or Internet web site, including posting an image on an Internet web site or application.
(c) As used in this section, “intimate image” means a photograph, digital image, or video:
(1) that depicts:
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5) ; or
(C) exhibition of the uncovered buttocks, genitals, or female breast;of an individual; and
(2) taken, captured, or recorded by:
(A) an individual depicted in the photograph, digital image, or video and given or transmitted directly to the person described in subsection (d); or
(B) the person described in subsection (d) in the physical presence of an individual depicted in the photograph, digital image, or video.
(d) A person who:
(1) knows or reasonably should know that an individual depicted in an intimate image does not consent to the distribution of the intimate image; and
(2) distributes the intimate image; commits distribution of an intimate image, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
Added by P.L. 185-2019,SEC. 3, eff. 7/1/2019.
In Indiana, this law “provides that a person less than 18 years of age who possesses an indecent image of another person less than 18 years of age commits a Class A misdemeanor if: (1) the persons are in a dating relationship; (2) the age difference between the persons is not more than four years; and (3) the person acquiesced in the taking or transmission of the indecent image”
Revenge porn law (July 1, 2019):
Nonconsensual pornography. Defines “intimate image” and creates a civil cause of action against a person who discloses an intimate image without the consent of the individual depicted in the intimate image. Provides that a prevailing plaintiff may recover the greater of: (1) economic and noneconomic damages; or (2) statutory damages not to exceed $10,000; plus attorney’s fees, court costs, and other relief, including injunctive relief. Establishes criteria to be used by the trier of fact in determining damages. Provides that an interactive computer service may not be liable for disclosing nonconsensual pornography.
State Enrolled Act No. 192 http://iga.in.gov/legislative/2019/bills/senate/192