Bill Text: IN SB0223 | 2013 | Regular Session | Enrolled
Bill Title: Child exploitation and child pornography.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2013-05-13 - Public Law 181 [SB0223 Detail]
Download: Indiana-2013-SB0223-Enrolled.html
Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.
AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
(1) "Disseminate" means to transfer possession for free or for a consideration.
(2) "Matter" has the same meaning as in IC 35-49-1-3.
(3) "Performance" has the same meaning as in IC 35-49-1-7.
(4) "Sexual conduct" means:
(A) sexual intercourse;
(B) deviate sexual conduct;
(C) exhibition of the:
(i) uncovered genitals; or
(ii) female breast with less than a fully opaque covering of any part of the nipple;
intended to satisfy or arouse the sexual desires of any person;
(D) sadomasochistic abuse;
(E) sexual intercourse or deviate sexual conduct with an animal; or
(F) 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) knowingly or intentionally 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) knowingly or intentionally 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) knowingly or intentionally 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 ; or
(4) with the intent to satisfy or arouse the sexual desires of any
person:
(A) knowingly or intentionally:
(i) manages;
(ii) produces;
(iii) sponsors;
(iv) presents;
(v) exhibits;
(vi) photographs;
(vii) films;
(viii) videotapes; or
(ix) creates a digitized image of;
any performance or incident that includes the uncovered
genitals of a child less than eighteen (18) years of age or the
exhibition of the female breast with less than a fully
opaque covering of any part of the nipple by a child less
than eighteen (18) years of age;
(B) knowingly or intentionally:
(i) disseminates to another person;
(ii) exhibits to another person;
(iii) offers to disseminate or exhibit to another person; or
(iv) sends or brings into Indiana for dissemination or
exhibition;
matter that depicts the uncovered genitals of a child less
than eighteen (18) years of age or the exhibition of the
female breast with less than a fully opaque covering of any
part of the nipple by a child less than eighteen (18) years of
age; or
(C) makes available to another person a computer,
knowing that the computer's fixed drive or peripheral
device contains matter that depicts the uncovered genitals
of a child less than eighteen (18) years of age or the
exhibition of the female breast with less than a fully
opaque covering of any part of the nipple 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 this section that:
(1) the person is a school employee; and
(2) the acts constituting the elements of the offense were
performed solely within the scope of the person's employment as
a school employee.
(f) Except as provided in subsection (g), it is a defense to a
prosecution under subsection (b)(1), subsection (b)(2), (b) or
subsection (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-two
(22) years of age.
(5) The person receiving the image or who is depicted in the
image acquiesced in the defendant's conduct.
(g) The defense to a prosecution described in subsection (f) does not
apply if:
(1) the person who receives the image disseminates it to a person
other than the person:
(A) who sent the image; or
(B) who is depicted in the image;
(2) the image is of a person other than the person who sent the
image or received the image; or
(3) the dissemination of the image violates:
(A) a protective order to prevent domestic or family violence
issued under IC 34-26-5 (or, if the order involved a family or
household member, under IC 34-26-2 or IC 34-4-5.1-5 before
their repeal);
(B) an ex parte protective order issued under IC 34-26-5 (or,
if the order involved a family or household member, an
emergency order issued under IC 34-26-2 or IC 34-4-5.1
before their repeal);
(C) a workplace violence restraining order issued under
IC 34-26-6;
(D) a no contact order in a dispositional decree issued under
IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
order issued under IC 31-32-13 (or IC 31-6-7-14 before its
repeal) that orders the person to refrain from direct or indirect
contact with a child in need of services or a delinquent child;
(E) a no contact order issued as a condition of pretrial release,
including release on bail or personal recognizance, or pretrial
diversion, and including a no contact order issued under
IC 35-33-8-3.6;
(F) a no contact order issued as a condition of probation;
(G) a protective order to prevent domestic or family violence
issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
before their repeal);
(H) a protective order to prevent domestic or family violence
issued under IC 31-14-16-1 in a paternity action;
(I) a no contact order issued under IC 31-34-25 in a child in
need of services proceeding or under IC 31-37-25 in a juvenile
delinquency proceeding;
(J) an order issued in another state that is substantially similar
to an order described in clauses (A) through (I);
(K) an order that is substantially similar to an order described
in clauses (A) through (I) and is issued by an Indian:
(i) tribe;
(ii) band;
(iii) pueblo;
(iv) nation; or
(v) organized group or community, including an Alaska
Native village or regional or village corporation as defined
in or established under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their special status as Indians;
(L) an order issued under IC 35-33-8-3.2; or
(M) an order issued under IC 35-38-1-30.
SECTION 2. An emergency is declared for this act.
SEA 223
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