Introduced Version
SENATE BILL No. 17
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-49-3-4.
Synopsis: Material harmful to minors. Removes schools and certain
public libraries from the list of entities eligible for a specified defense
to criminal prosecutions alleging: (1) the dissemination of material
harmful to minors; or (2) a performance harmful to minors. Adds
colleges and universities to the list of entities eligible for a specified
defense to criminal prosecutions alleging: (1) the dissemination of
material harmful to minors; or (2) a performance harmful to minors.
Effective: July 1, 2022.
Tomes
January 4, 2022, read first time and referred to Committee on Education and Career
Development.
2022 IN 17—LS 6065/DI 106 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. 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,
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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 2021 Regular Session of the General Assembly.
SENATE BILL No. 17
A BILL FOR 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 SECTION 1. IC 35-49-3-4, AS AMENDED BY P.L.266-2019,
2 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 4. (a) It is a defense to a prosecution under section
4 3 of this chapter for the defendant to show:
5 (1) that the matter was disseminated or that the performance was
6 performed for legitimate scientific or educational purposes;
7 (2) that the matter was disseminated or displayed to or that the
8 performance was performed before the recipient by a bona fide
9 school, college, university, museum, college library, or public
10 library that qualifies for certain property tax exemptions under
11 IC 6-1.1-10, university library or by an employee of such a
12 school, college, university, museum, college library, or public
13 library university library acting within the scope of the
14 employee's employment;
15 (3) that the defendant had reasonable cause to believe that the
16 minor involved was eighteen (18) years of age or older and that
17 the minor exhibited to the defendant a draft card, driver's license,
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1 birth certificate, or other official or apparently official document
2 purporting to establish that the minor was eighteen (18) years of
3 age or older; or
4 (4) that the defendant was a salesclerk, motion picture
5 projectionist, usher, or ticket taker, acting within the scope of the
6 defendant's employment and that the defendant had no financial
7 interest in the place where the defendant was so employed.
8 (b) Except as provided in subsection (c), it is a defense to a
9 prosecution under section 3 of this chapter if all the following apply:
10 (1) A cellular telephone, another wireless or cellular
11 communications device, or a social networking web site was used
12 to disseminate matter to a minor that is harmful to minors.
13 (2) The defendant is not more than four (4) years older or younger
14 than the person who received the matter that is harmful to minors.
15 (3) The relationship between the defendant and the person who
16 received the matter that is harmful to minors was a dating
17 relationship or an ongoing personal relationship. For purposes of
18 this subdivision, the term "ongoing personal relationship" does
19 not include a family relationship.
20 (4) The crime was committed by a person less than twenty-two
21 (22) years of age.
22 (5) The person receiving the matter expressly or implicitly
23 acquiesced in the defendant's conduct.
24 (c) The defense to a prosecution described in subsection (b) does
25 not apply if:
26 (1) the image is disseminated to a person other than the person:
27 (A) who sent the image; or
28 (B) who is depicted in the image; or
29 (2) the dissemination of the image violates:
30 (A) a protective order to prevent domestic or family violence
31 or harassment issued under IC 34-26-5 (or, if the order
32 involved a family or household member, under IC 34-26-2 or
33 IC 34-4-5.1-5 before their repeal);
34 (B) an ex parte protective order issued under IC 34-26-5 (or,
35 if the order involved a family or household member, an
36 emergency order issued under IC 34-26-2 or IC 34-4-5.1
37 before their repeal);
38 (C) a workplace violence restraining order issued under
39 IC 34-26-6;
40 (D) a no contact order in a dispositional decree issued under
41 IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
42 IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
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1 order issued under IC 31-32-13 (or IC 31-6-7-14 before its
2 repeal) that orders the person to refrain from direct or indirect
3 contact with a child in need of services or a delinquent child;
4 (E) a no contact order issued as a condition of pretrial release,
5 including release on bail or personal recognizance, or pretrial
6 diversion, and including a no contact order issued under
7 IC 35-33-8-3.6;
8 (F) a no contact order issued as a condition of probation;
9 (G) a protective order to prevent domestic or family violence
10 issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
11 before their repeal);
12 (H) a protective order to prevent domestic or family violence
13 issued under IC 31-14-16-1 in a paternity action;
14 (I) a no contact order issued under IC 31-34-25 in a child in
15 need of services proceeding or under IC 31-37-25 in a juvenile
16 delinquency proceeding;
17 (J) an order issued in another state that is substantially similar
18 to an order described in clauses (A) through (I);
19 (K) an order that is substantially similar to an order described
20 in clauses (A) through (I) and is issued by an Indian:
21 (i) tribe;
22 (ii) band;
23 (iii) pueblo;
24 (iv) nation; or
25 (v) organized group or community, including an Alaska
26 Native village or regional or village corporation as defined
27 in or established under the Alaska Native Claims Settlement
28 Act (43 U.S.C. 1601 et seq.);
29 that is recognized as eligible for the special programs and
30 services provided by the United States to Indians because of
31 their special status as Indians;
32 (L) an order issued under IC 35-33-8-3.2; or
33 (M) an order issued under IC 35-38-1-30.
2022 IN 17—LS 6065/DI 106