Sec. 6. (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.

Terms Used In Indiana Code 35-45-4-6

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(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

(3) possesses:

(A) a picture;

(B) a drawing;

(C) a photograph;

(D) a motion picture;

(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.

As added by P.L.168-2014, SEC.83.