Bill Text: IN HB1115 | 2010 | Regular Session | Introduced
Bill Title: Sending of sexual material by cell phone or other media.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Public Policy [HB1115 Detail]
Download: Indiana-2010-HB1115-Introduced.html
Citations Affected: IC 20-3-6-6; IC 35-42-4-4; IC 35-49-3-4.
Synopsis: Sending of sexual material by cell phone or other media.
Provides that a school corporation may offer classes, instruction, or
programs regarding the risks and consequences of creating and sharing
sexually suggestive or explicit materials. Provides defenses to the
crimes of disseminating matter that is harmful to minors, child
exploitation, and possession of child pornography if a cellular
telephone was used and the defendant and recipient of the matter are
certain ages and meet other requirements.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Public Policy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
"Disseminate" means to transfer possession for free or for a consideration.
"Matter" has the same meaning as in IC 35-49-1-3.
"Performance" has the same meaning as in IC 35-49-1-7.
"Sexual conduct" means sexual intercourse, deviate sexual conduct, exhibition of the uncovered genitals intended to satisfy or arouse the sexual desires of any person, sadomasochistic abuse, sexual intercourse
or deviate 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.
(b) A person who knowingly or intentionally:
(1) manages, produces, sponsors, presents, exhibits, photographs,
films, videotapes, or creates a digitized image of any performance
or incident that includes sexual conduct by a child under eighteen
(18) years of age;
(2) disseminates, exhibits to another person, offers to disseminate
or exhibit to another person, or sends or brings into Indiana for
dissemination or exhibition matter that depicts or describes sexual
conduct by a child under eighteen (18) years of age; or
(3) makes available to another person a computer, knowing that
the computer's fixed drive or peripheral device contains matter
that depicts or describes sexual conduct by a child less than
eighteen (18) years of age;
commits child exploitation, a Class C felony.
(c) A person who knowingly or intentionally possesses:
(1) a picture;
(2) a drawing;
(3) a photograph;
(4) a negative image;
(5) undeveloped film;
(6) a motion picture;
(7) a videotape;
(8) a digitized image; or
(9) any pictorial representation;
that depicts or describes sexual conduct by a child 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 possession of child pornography,
a Class D felony.
(d) Subsections (b) and (c) do 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 such a 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.
(e) It is a defense to a prosecution under subsections (b)(1),
(b)(2), and (c) if all of the following apply:
(1) A cellular telephone, another wireless or cellular
communications device, or a social networking web site was
used to possess, produce, or disseminate the image.
(2) The defendant is not more than four (4) years older or
younger than the person who is depicted in the image or who
received the image.
(3) The relationship between the defendant and the person
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 crime was committed by a person less than twenty-one
(21) years of age.
(5) The person receiving the image or who is depicted in the
image acquiesced in the defendant's conduct.
(1) that the matter was disseminated or that the performance was performed for legitimate scientific or educational purposes;
(2) that the matter was disseminated or displayed to or that the performance was performed before the recipient by a bona fide school, museum, or public library that qualifies for certain property tax exemptions under IC 6-1.1-10, or by an employee of such a school, museum, or public library acting within the scope of his employment;
(3) that
(4) that
(b) It is a defense to a prosecution under section 3 of this chapter if all of the following apply:
(1) A cellular telephone, another wireless or cellular communications device, or a social networking web site was used to disseminate matter to a minor that is harmful to minors.
(2) The defendant is not more than four (4) years older or younger than the person who received the matter that is harmful to minors.
(3) The relationship between the defendant and the person who received the matter that is harmful to minors 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 crime was committed by a person less than twenty-one (21) years of age.
(5) The person receiving the matter expressly or implicitly acquiesced in the defendant's conduct.
