Indiana 2024 Regular Session

Indiana House Bill HB1047 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1047.2
	2	+	Reprinted
	3	+	February 27, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1047
	6	+	_____
	7	+	DIGEST OF HB 1047 (Updated February 26, 2024 3:04 pm - DI 106)
	8	+	Citations Affected: IC 34-11; IC 34-21.5; IC 35-45.
	9	+	Synopsis: Sexual offenses. Provides that an action for injury to a
	10	+	person that results from the sexual abuse of a child, that has expired
	11	+	under the current statute of limitations, may be commenced before July
	12	+	1, 2025, against specified entities seeking bankruptcy protection, if
	13	+	certain circumstances exist. Provides that certain images created by
	14	+	artificial intelligence or similar means constitute an "intimate image"
	15	+	for purposes of: (1) a civil action involving nonconsensual
	16	+	pornography; or (2) the crime of distributing an intimate image.
	17	+	Specifies that an intimate image, for purposes of the criminal offense,
	18	+	must appear to depict the alleged victim. Exempts certain news media
	19	+	and internet and cloud service providers from the criminal offense
	20	+	under certain circumstances. Provides that "peep", for purposes of the
	21	+	voyeurism statute, includes the use of a concealed camera with the
	22	+	intent of capturing an intimate image. Makes conforming amendments.
	23	+	Effective: Upon passage; July 1, 2024.
	24	+	Negele, Jeter, Goss-Reaves
	25	+	(SENATE SPONSORS — CARRASCO, GLICK, POL JR., VINZANT)
	26	+	January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
	27	+	January 11, 2024, amended, reported — Do Pass.
	28	+	January 16, 2024, read second time, amended, ordered engrossed.
	29	+	January 17, 2024, engrossed.
	30	+	January 18, 2024, read third time, passed. Yeas 82, nays 0.
	31	+	SENATE ACTION
	32	+	January 25, 2024, read first time and referred to Committee on Corrections and Criminal
	33	+	Law.
	34	+	February 22, 2024, amended, reported favorably — Do Pass.
	35	+	February 26, 2024, read second time, amended, ordered engrossed.
	36	+	EH 1047—LS 6474/DI 106 Reprinted
	37	+	February 27, 2024
1	38		Second Regular Session of the 123rd General Assembly (2024)
2	39		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	40		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	41		additions will appear in this style type, and deletions will appear in this style type.
5	42		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	43		provision adopted), the text of the new provision will appear in this style type. Also, the
7	44		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	45		a new provision to the Indiana Code or the Indiana Constitution.
9	46		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	47		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1047
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	48	+	ENGROSSED
	49	+	HOUSE BILL No. 1047
	50	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	51	+	criminal law and procedure.
14	52		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 34-11-2-4, AS AMENDED BY P.L.44-2013,
	53	+	1 SECTION 1. IC 34-11-2-4, AS AMENDED BY P.L.44-2013,
	54	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	55	+	3 UPON PASSAGE]: Sec. 4. (a) An action for:
	56	+	4 (1) injury to person or character;
	57	+	5 (2) injury to personal property; or
	58	+	6 (3) a forfeiture of penalty given by statute;
	59	+	7 must be commenced within two (2) years after the cause of action
	60	+	8 accrues.
	61	+	9 (b) Except as provided in subsections (c) and (d), an action for
	62	+	10 injury to a person that results from the sexual abuse of a child must be
	63	+	11 commenced within the later of:
	64	+	12 (1) seven (7) years after the cause of action accrues; or
	65	+	13 (2) four (4) years after the person ceases to be a dependent of the
	66	+	14 person alleged to have performed the sexual abuse.
	67	+	15 (c) An action for injury to a person that:
	68	+	16 (1) results from the sexual abuse of a child;
	69	+	17 (2) is barred due to the expiration of the statute of limitations
	70	+	EH 1047—LS 6474/DI 106 2
	71	+	1 period described in subsection (b); and
	72	+	2 (3) is brought against a congressionally chartered
	73	+	3 organization that was incorporated before June 16, 1916;
	74	+	4 may be commenced in accordance with subsection (d).
	75	+	5 (d) An action described in subsection (c) may be commenced
	76	+	6 before July 1, 2025, by a person who, before January 1, 2024,
	77	+	7 participated in a bankruptcy proceeding or bankruptcy settlement
	78	+	8 that:
	79	+	9 (1) was initiated on February 18, 2020; and
	80	+	10 (2) involved the organization described in subsection (c)(3).
	81	+	11 SECTION 2. IC 34-21.5-2-1, AS ADDED BY P.L.29-2019,
	82	+	12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	83	+	13 JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
	84	+	14 article:
	85	+	15 (1) "Computer generated image" means a photograph, digital
	86	+	16 image, or video of an individual created or modified by means
	87	+	17 of a computer software program, artificial intelligence,
	88	+	18 application, or other design editing tools.
	89	+	19 (1) (2) "Disclosure" means display, transfer, publication, or
	90	+	20 distribution to another person.
	91	+	21 (2) (3) "Distribute" means to transfer to another person in, or by
	92	+	22 means of, any medium, forum, telecommunications device or
	93	+	23 network, or Internet web site.
	94	+	24 (3) (4) "Harm" includes:
	95	+	25 (A) physical harm;
	96	+	26 (B) economic harm; and
	97	+	27 (C) emotional distress, whether or not accompanied by
	98	+	28 physical or economic harm.
	99	+	29 (4) (5) "Identifiable" means recognizable by a person other than
	100	+	30 the depicted individual:
	101	+	31 (A) from an intimate image itself; or
	102	+	32 (B) from an intimate image and identifying characteristic
	103	+	33 disclosed in connection with the intimate image.
	104	+	34 (5) (6) "Intimate image" means a photograph, digital image,
	105	+	35 computer generated image, or video that depicts:
	106	+	36 (A) an individual engaging in sexual intercourse;
	107	+	37 (B) an individual engaging in other sexual conduct (as defined
	108	+	38 in IC 35-31.5-2-221.5); or
	109	+	39 (C) the exhibition of the uncovered buttocks, genitals, or
	110	+	40 female breast of an individual.
	111	+	41 SECTION 3. IC 35-45-4-5, AS AMENDED BY P.L.142-2020,
	112	+	42 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	113	+	EH 1047—LS 6474/DI 106 3
	114	+	1 JULY 1, 2024]: Sec. 5. (a) The following definitions apply throughout
	115	+	2 this section:
	116	+	3 (1) "Camera" means a camera, a video camera, a device that
	117	+	4 captures a digital image, or any other type of video recording
	118	+	5 device.
	119	+	6 (2) "Peep" means:
	120	+	7 (A) any looking of a clandestine, surreptitious, prying, or
	121	+	8 secretive nature; or
	122	+	9 (B) using a concealed camera with the intent of capturing
	123	+	10 an intimate image (as defined by IC 34-21.5-2-1).
	124	+	11 (3) "Private area" means the naked or undergarment clad genitals,
	125	+	12 pubic area, or buttocks of an individual.
	126	+	13 (b) A person:
	127	+	14 (1) who knowingly or intentionally:
	128	+	15 (A) peeps; or
	129	+	16 (B) goes upon the land of another with the intent to peep;
	130	+	17 into an occupied dwelling of another person; or
	131	+	18 (2) who knowingly or intentionally peeps in or into an area where
	132	+	19 an occupant of the area reasonably can be expected to disrobe or
	133	+	20 is actually expected to disrobe, including:
	134	+	21 (A) restrooms;
	135	+	22 (B) baths;
	136	+	23 (C) showers; and
	137	+	24 (D) dressing rooms;
	138	+	25 without the consent of the other person, commits voyeurism, a Class B
	139	+	26 misdemeanor.
	140	+	27 (c) However, the offense under subsection (b) is a Level 6 felony if:
	141	+	28 (1) it is knowingly or intentionally committed by means of a
	142	+	29 camera; or
	143	+	30 (2) the person who commits the offense has a prior unrelated
	144	+	31 conviction under this section.
	145	+	32 (d) A person who:
	146	+	33 (1) without the consent of the individual; and
	147	+	34 (2) with intent to peep at the private area of an individual;
	148	+	35 peeps at the private area of an individual and records an image by
	149	+	36 means of a camera commits public voyeurism, a Class A misdemeanor.
	150	+	37 (e) The offense under subsection (d) is a Level 6 felony if the person
	151	+	38 has a prior unrelated conviction under this section or if the person:
	152	+	39 (1) publishes the image;
	153	+	40 (2) makes the image available on the Internet; or
	154	+	41 (3) transmits or disseminates the image to another person.
	155	+	42 (f) It is a defense to a prosecution under subsection (d) that the
	156	+	EH 1047—LS 6474/DI 106 4
	157	+	1 individual deliberately exposed the individual's private area.
	158	+	2 (g) A person who, with the intent to peep, operates an unmanned
	159	+	3 aerial vehicle in a manner that is intended to cause the unmanned aerial
	160	+	4 vehicle to enter the space above or surrounding another person's
	161	+	5 occupied dwelling for the purpose of capturing images, photographs,
	162	+	6 video recordings, or audio recordings of the other person while the
	163	+	7 other person is:
	164	+	8 (1) within the other person's occupied dwelling; or
	165	+	9 (2) on the land or premises:
	166	+	10 (A) on which the other person's occupied dwelling is located;
	167	+	11 and
	168	+	12 (B) in a location that is not visible from an area:
	169	+	13 (i) open to the general public; or
	170	+	14 (ii) where a member of the general public has the right to be;
	171	+	15 commits remote aerial voyeurism, a Class A misdemeanor.
	172	+	16 (h) The offense under subsection (g) is a Level 6 felony if the person
	173	+	17 has a prior unrelated conviction under this section or if the person:
	174	+	18 (1) publishes the images, photographs, or recordings captured;
	175	+	19 (2) makes the images, photographs, or recordings captured
	176	+	20 available on the Internet; or
	177	+	21 (3) transmits or disseminates the images, photographs, or
	178	+	22 recordings captured to another person.
	179	+	23 SECTION 4. IC 35-45-4-8, AS ADDED BY P.L.185-2019,
	180	+	24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	181	+	25 JULY 1, 2024]: Sec. 8. (a) This section does not apply to:
	182	+	26 (1) a photograph, digital image, or video that is distributed:
	183	+	27 (1) (A) to report a possible criminal act;
	184	+	28 (2) (B) in connection with a criminal investigation;
	185	+	29 (3) (C) under a court order; or
	186	+	30 (4) (D) to a location that is:
	187	+	31 (A) (i) intended solely for the storage or backup of personal
	188	+	32 data, including photographs, digital images, and video; and
	189	+	33 (B) (ii) password protected; or
	190	+	34 (E) by a news reporting or an entertainment medium (as
	191	+	35 defined in IC 32-36-1-4);
	192	+	36 (2) a newspaper or news service that publishes news related
	193	+	37 information through a website;
	194	+	38 (3) a cloud service provider; or
	195	+	39 (4) an Internet provider, an affiliate or subsidiary of an
	196	+	40 Internet provider, or a search engine that:
	197	+	41 (A) solely provides access or connection to a website or
	198	+	42 other Internet content that is not under the control of that
	199	+	EH 1047—LS 6474/DI 106 5
	200	+	1 Internet service provider, affiliate or subsidiary, or search
	201	+	2 engine; and
	202	+	3 (B) is not responsible for creating or publishing the content
	203	+	4 that constitutes material harmful to minors.
	204	+	5 (b) As used in this section, "distribute" means to transfer to another
	205	+	6 person in, or by means of, any medium, forum, telecommunications
	206	+	7 device or network, or Internet web site, website, including posting an
	207	+	8 image on an Internet web site a website or application.
	208	+	9 (c) As used in this section, "intimate image" means a photograph,
	209	+	10 digital image, computer generated image, or video:
	210	+	11 (1) that depicts:
	211	+	12 (A) sexual intercourse;
	212	+	13 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
	213	+	14 or
	214	+	15 (C) exhibition of the uncovered buttocks, genitals, or female
	215	+	16 breast;
	216	+	17 of an individual; and
	217	+	18 (2) taken, captured, created, disseminated, or recorded by:
	218	+	19 (A) an individual depicted in the photograph, digital image, or
	219	+	20 video and given or transmitted directly to the person described
	220	+	21 in subsection (d); or
	221	+	22 (B) the person described in subsection (d) in the physical
	222	+	23 presence of an individual depicted in the photograph, digital
	223	+	24 image, or video; or
	224	+	25 (C) the person described in subsection (d) with respect to
	225	+	26 a photograph, digital image, computer generated image, or
	226	+	27 video of an individual created or modified by means of a
	227	+	28 computer software program, artificial intelligence,
	228	+	29 application, or other digital editing tools; and
	229	+	30 (3) that is of a quality, characteristic, or condition such that it
	230	+	31 appears to depict the alleged victim.
	231	+	32 (d) A person who:
	232	+	33 (1) knows or reasonably should know that an individual depicted
	233	+	34 in an intimate image does not consent to the distribution of the
	234	+	35 intimate image; and
	235	+	36 (2) distributes the intimate image;
	236	+	37 commits distribution of an intimate image, a Class A misdemeanor.
	237	+	38 However, the offense is a Level 6 felony if the person has a prior
	238	+	39 unrelated conviction under this section.
	239	+	40 (e) It is not a necessary element of the offense described in
	240	+	41 subsection (d) that the individual depicted in the intimate image
	241	+	42 actually sent the image.
	242	+	EH 1047—LS 6474/DI 106 6
	243	+	1 SECTION 5. An emergency is declared for this act.
	244	+	EH 1047—LS 6474/DI 106 7
	245	+	COMMITTEE REPORT
	246	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	247	+	which was referred House Bill 1047, has had the same under
	248	+	consideration and begs leave to report the same back to the House with
	249	+	the recommendation that said bill be amended as follows:
	250	+	Page 1, between the enacting clause and line 1, begin a new
	251	+	paragraph and insert:
	252	+	"SECTION 1. IC 34-11-2-4, AS AMENDED BY P.L.44-2013,
	253	+	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	254	+	UPON PASSAGE]: Sec. 4. (a) An action for:
	255	+	(1) injury to person or character;
	256	+	(2) injury to personal property; or
	257	+	(3) a forfeiture of penalty given by statute;
	258	+	must be commenced within two (2) years after the cause of action
	259	+	accrues.
	260	+	(b) Except as provided in subsection (c), an action for injury to a
	261	+	person that results from the sexual abuse of a child must be
	262	+	commenced within the later of:
	263	+	(1) seven (7) years after the cause of action accrues; or
	264	+	(2) four (4) years after the person ceases to be a dependent of the
	265	+	person alleged to have performed the sexual abuse.
	266	+	(c) An action for injury to a person that:
	267	+	(1) results from the sexual abuse of a child; and
	268	+	(2) is barred due to the expiration of the statute of limitations
	269	+	period described in subsection (b);
	270	+	may be commenced by or on behalf of the injured person, at any
	271	+	time, in a bankruptcy proceeding that was initiated on February
	272	+	18, 2020, for a congressionally chartered organization. An action
	273	+	brought under this subsection may only be commenced against an
	274	+	entity seeking bankruptcy protection and not against any other
	275	+	person or entity. This subsection expires June 30, 2026.".
	276	+	Page 2, after line 32, begin a new paragraph and insert:
	277	+	"SECTION 3. An emergency is declared for this act.".
	278	+	Renumber all SECTIONS consecutively.
	279	+	and when so amended that said bill do pass.
	280	+	(Reference is to HB 1047 as introduced.)
	281	+	MCNAMARA
	282	+	Committee Vote: yeas 10, nays 0.
	283	+	EH 1047—LS 6474/DI 106 8
	284	+	HOUSE MOTION
	285	+	Mr. Speaker: I move that House Bill 1047 be amended to read as
	286	+	follows:
	287	+	Page 2, line 24, after "generated image," reset in roman "or".
	288	+	Page 2, line 24, delete ", or other" and insert ":".
	289	+	Page 2, delete line 25.
	290	+	Page 2, line 41, after "generated image," insert "or".
	291	+	Page 2, line 42, delete "video, or any other pictorial representation"
	292	+	and insert "video".
	293	+	(Reference is to HB 1047 as printed January 11, 2024.)
	294	+	NEGELE
	295	+	_____
	296	+	COMMITTEE REPORT
	297	+	Madam President: The Senate Committee on Corrections and
	298	+	Criminal Law, to which was referred House Bill No. 1047, has had the
	299	+	same under consideration and begs leave to report the same back to the
	300	+	Senate with the recommendation that said bill be AMENDED as
	301	+	follows:
	302	+	Page 1, delete lines 1 through 17, begin a new paragraph and insert:
	303	+	"SECTION 1. IC 34-11-2-4, AS AMENDED BY P.L.44-2013,
16	304		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17	305		UPON PASSAGE]: Sec. 4. (a) An action for:
18	306		(1) injury to person or character;
19	307		(2) injury to personal property; or
20	308		(3) a forfeiture of penalty given by statute;
21	309		must be commenced within two (2) years after the cause of action
22	310		accrues.
23	311		(b) Except as provided in subsections (c) and (d), an action for
24	312		injury to a person that results from the sexual abuse of a child must be
25	313		commenced within the later of:
26	314		(1) seven (7) years after the cause of action accrues; or
27	315		(2) four (4) years after the person ceases to be a dependent of the
28	316		person alleged to have performed the sexual abuse.
29	317		(c) An action for injury to a person that:
30	318		(1) results from the sexual abuse of a child;
31	319		(2) is barred due to the expiration of the statute of limitations
32	320		period described in subsection (b); and
33	321		(3) is brought against a congressionally chartered
	322	+	EH 1047—LS 6474/DI 106 9
34	323		organization that was incorporated before June 16, 1916;
35	324		may be commenced in accordance with subsection (d).
36		-	HEA 1047 — Concur 2
37	325		(d) An action described in subsection (c) may be commenced
38	326		before July 1, 2025, by a person who, before January 1, 2024,
39	327		participated in a bankruptcy proceeding or bankruptcy settlement
40	328		that:
41	329		(1) was initiated on February 18, 2020; and
42		-	(2) involved the organization described in subsection (c)(3).
43		-	SECTION 2. IC 34-21.5-2-1, AS ADDED BY P.L.29-2019,
	330	+	(2) involved the organization described in subsection (c)(3).".
	331	+	Page 2, delete lines 1 through 7, begin a new paragraph and insert:
	332	+	"SECTION 2. IC 35-45-4-5, AS AMENDED BY P.L.142-2020,
	333	+	SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	334	+	JULY 1, 2024]: Sec. 5. (a) The following definitions apply throughout
	335	+	this section:
	336	+	(1) "Camera" means a camera, a video camera, a device that
	337	+	captures a digital image, or any other type of video recording
	338	+	device.
	339	+	(2) "Peep" means:
	340	+	(A) any looking of a clandestine, surreptitious, prying, or
	341	+	secretive nature; or
	342	+	(B) using a concealed camera with the intent of capturing
	343	+	an intimate image (as defined by IC 34-21.5-2-1).
	344	+	(3) "Private area" means the naked or undergarment clad genitals,
	345	+	pubic area, or buttocks of an individual.
	346	+	(b) A person:
	347	+	(1) who knowingly or intentionally:
	348	+	(A) peeps; or
	349	+	(B) goes upon the land of another with the intent to peep;
	350	+	into an occupied dwelling of another person; or
	351	+	(2) who knowingly or intentionally peeps in or into an area where
	352	+	an occupant of the area reasonably can be expected to disrobe or
	353	+	is actually expected to disrobe, including:
	354	+	(A) restrooms;
	355	+	(B) baths;
	356	+	(C) showers; and
	357	+	(D) dressing rooms;
	358	+	without the consent of the other person, commits voyeurism, a Class B
	359	+	misdemeanor.
	360	+	(c) However, the offense under subsection (b) is a Level 6 felony if:
	361	+	(1) it is knowingly or intentionally committed by means of a
	362	+	camera; or
	363	+	(2) the person who commits the offense has a prior unrelated
	364	+	conviction under this section.
	365	+	EH 1047—LS 6474/DI 106 10
	366	+	(d) A person who:
	367	+	(1) without the consent of the individual; and
	368	+	(2) with intent to peep at the private area of an individual;
	369	+	peeps at the private area of an individual and records an image by
	370	+	means of a camera commits public voyeurism, a Class A misdemeanor.
	371	+	(e) The offense under subsection (d) is a Level 6 felony if the person
	372	+	has a prior unrelated conviction under this section or if the person:
	373	+	(1) publishes the image;
	374	+	(2) makes the image available on the Internet; or
	375	+	(3) transmits or disseminates the image to another person.
	376	+	(f) It is a defense to a prosecution under subsection (d) that the
	377	+	individual deliberately exposed the individual's private area.
	378	+	(g) A person who, with the intent to peep, operates an unmanned
	379	+	aerial vehicle in a manner that is intended to cause the unmanned aerial
	380	+	vehicle to enter the space above or surrounding another person's
	381	+	occupied dwelling for the purpose of capturing images, photographs,
	382	+	video recordings, or audio recordings of the other person while the
	383	+	other person is:
	384	+	(1) within the other person's occupied dwelling; or
	385	+	(2) on the land or premises:
	386	+	(A) on which the other person's occupied dwelling is located;
	387	+	and
	388	+	(B) in a location that is not visible from an area:
	389	+	(i) open to the general public; or
	390	+	(ii) where a member of the general public has the right to be;
	391	+	commits remote aerial voyeurism, a Class A misdemeanor.
	392	+	(h) The offense under subsection (g) is a Level 6 felony if the person
	393	+	has a prior unrelated conviction under this section or if the person:
	394	+	(1) publishes the images, photographs, or recordings captured;
	395	+	(2) makes the images, photographs, or recordings captured
	396	+	available on the Internet; or
	397	+	(3) transmits or disseminates the images, photographs, or
	398	+	recordings captured to another person.".
	399	+	Renumber all SECTIONS consecutively.
	400	+	and when so amended that said bill do pass.
	401	+	(Reference is to HB 1047 as reprinted January 17, 2024.)
	402	+	FREEMAN, Chairperson
	403	+	Committee Vote: Yeas 8, Nays 0.
	404	+	EH 1047—LS 6474/DI 106 11
	405	+	SENATE MOTION
	406	+	Madam President: I move that Engrossed House Bill 1047 be
	407	+	amended to read as follows:
	408	+	Page 2, between lines 10 and 11, begin a new paragraph and insert:
	409	+	"SECTION 2. IC 34-21.5-2-1, AS ADDED BY P.L.29-2019,
44	410		SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	411		JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
46	412		article:
47	413		(1) "Computer generated image" means a photograph, digital
48	414		image, or video of an individual created or modified by means
49	415		of a computer software program, artificial intelligence,
50	416		application, or other design editing tools.
51	417		(1) (2) "Disclosure" means display, transfer, publication, or
52	418		distribution to another person.
53	419		(2) (3) "Distribute" means to transfer to another person in, or by
54	420		means of, any medium, forum, telecommunications device or
55	421		network, or Internet web site.
56	422		(3) (4) "Harm" includes:
57	423		(A) physical harm;
58	424		(B) economic harm; and
59	425		(C) emotional distress, whether or not accompanied by
60	426		physical or economic harm.
61	427		(4) (5) "Identifiable" means recognizable by a person other than
62	428		the depicted individual:
63	429		(A) from an intimate image itself; or
64	430		(B) from an intimate image and identifying characteristic
65	431		disclosed in connection with the intimate image.
66	432		(5) (6) "Intimate image" means a photograph, digital image,
67	433		computer generated image, or video that depicts:
68	434		(A) an individual engaging in sexual intercourse;
69	435		(B) an individual engaging in other sexual conduct (as defined
70	436		in IC 35-31.5-2-221.5); or
71	437		(C) the exhibition of the uncovered buttocks, genitals, or
72		-	female breast of an individual.
73		-	SECTION 3. IC 35-45-4-5, AS AMENDED BY P.L.142-2020,
74		-	SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
75		-	JULY 1, 2024]: Sec. 5. (a) The following definitions apply throughout
76		-	this section:
77		-	(1) "Camera" means a camera, a video camera, a device that
78		-	captures a digital image, or any other type of video recording
79		-	HEA 1047 — Concur 3
80		-	device.
81		-	(2) "Peep" means:
82		-	(A) any looking of a clandestine, surreptitious, prying, or
83		-	secretive nature; or
84		-	(B) using a concealed camera with the intent of capturing
85		-	an intimate image (as defined by IC 34-21.5-2-1).
86		-	(3) "Private area" means the naked or undergarment clad genitals,
87		-	pubic area, or buttocks of an individual.
88		-	(b) A person:
89		-	(1) who knowingly or intentionally:
90		-	(A) peeps; or
91		-	(B) goes upon the land of another with the intent to peep;
92		-	into an occupied dwelling of another person; or
93		-	(2) who knowingly or intentionally peeps in or into an area where
94		-	an occupant of the area reasonably can be expected to disrobe or
95		-	is actually expected to disrobe, including:
96		-	(A) restrooms;
97		-	(B) baths;
98		-	(C) showers; and
99		-	(D) dressing rooms;
100		-	without the consent of the other person, commits voyeurism, a Class B
101		-	misdemeanor.
102		-	(c) However, the offense under subsection (b) is a Level 6 felony if:
103		-	(1) it is knowingly or intentionally committed by means of a
104		-	camera; or
105		-	(2) the person who commits the offense has a prior unrelated
106		-	conviction under this section.
107		-	(d) A person who:
108		-	(1) without the consent of the individual; and
109		-	(2) with intent to peep at the private area of an individual;
110		-	peeps at the private area of an individual and records an image by
111		-	means of a camera commits public voyeurism, a Class A misdemeanor.
112		-	(e) The offense under subsection (d) is a Level 6 felony if the person
113		-	has a prior unrelated conviction under this section or if the person:
114		-	(1) publishes the image;
115		-	(2) makes the image available on the Internet; or
116		-	(3) transmits or disseminates the image to another person.
117		-	(f) It is a defense to a prosecution under subsection (d) that the
118		-	individual deliberately exposed the individual's private area.
119		-	(g) A person who, with the intent to peep, operates an unmanned
120		-	aerial vehicle in a manner that is intended to cause the unmanned aerial
121		-	vehicle to enter the space above or surrounding another person's
122		-	HEA 1047 — Concur 4
123		-	occupied dwelling for the purpose of capturing images, photographs,
124		-	video recordings, or audio recordings of the other person while the
125		-	other person is:
126		-	(1) within the other person's occupied dwelling; or
127		-	(2) on the land or premises:
128		-	(A) on which the other person's occupied dwelling is located;
129		-	and
130		-	(B) in a location that is not visible from an area:
131		-	(i) open to the general public; or
132		-	(ii) where a member of the general public has the right to be;
133		-	commits remote aerial voyeurism, a Class A misdemeanor.
134		-	(h) The offense under subsection (g) is a Level 6 felony if the person
135		-	has a prior unrelated conviction under this section or if the person:
136		-	(1) publishes the images, photographs, or recordings captured;
137		-	(2) makes the images, photographs, or recordings captured
138		-	available on the Internet; or
139		-	(3) transmits or disseminates the images, photographs, or
140		-	recordings captured to another person.
141		-	SECTION 4. IC 35-45-4-8, AS ADDED BY P.L.185-2019,
	438	+	female breast of an individual.".
	439	+	Renumber all SECTIONS consecutively.
	440	+	(Reference is to EHB 1047 as printed February 23, 2024.)
	441	+	BOHACEK
	442	+	EH 1047—LS 6474/DI 106 12
	443	+	SENATE MOTION
	444	+	Madam President: I move that Engrossed House Bill 1047 be
	445	+	amended to read as follows:
	446	+	Page 3, delete lines 35 through 42, begin a new paragraph and
	447	+	insert:
	448	+	"SECTION 2. IC 35-45-4-8, AS ADDED BY P.L.185-2019,
142	449		SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
143	450		JULY 1, 2024]: Sec. 8. (a) This section does not apply to:
144	451		(1) a photograph, digital image, or video that is distributed:
145	452		(1) (A) to report a possible criminal act;
146	453		(2) (B) in connection with a criminal investigation;
147	454		(3) (C) under a court order; or
148	455		(4) (D) to a location that is:
149	456		(A) (i) intended solely for the storage or backup of personal
150	457		data, including photographs, digital images, and video; and
151	458		(B) (ii) password protected; or
152	459		(E) by a news reporting or an entertainment medium (as
153	460		defined in IC 32-36-1-4);
154	461		(2) a newspaper or news service that publishes news related
155	462		information through a website;
156	463		(3) a cloud service provider; or
157	464		(4) an Internet provider, an affiliate or subsidiary of an
158	465		Internet provider, or a search engine that:
159	466		(A) solely provides access or connection to a website or
160	467		other Internet content that is not under the control of that
161	468		Internet service provider, affiliate or subsidiary, or search
162	469		engine; and
163	470		(B) is not responsible for creating or publishing the content
164	471		that constitutes material harmful to minors.
165		-	HEA 1047 — Concur 5
166	472		(b) As used in this section, "distribute" means to transfer to another
167	473		person in, or by means of, any medium, forum, telecommunications
168	474		device or network, or Internet web site, website, including posting an
169	475		image on an Internet web site a website or application.
170	476		(c) As used in this section, "intimate image" means a photograph,
171	477		digital image, computer generated image, or video:
172	478		(1) that depicts:
173	479		(A) sexual intercourse;
174	480		(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
175	481		or
176	482		(C) exhibition of the uncovered buttocks, genitals, or female
177	483		breast;
	484	+	EH 1047—LS 6474/DI 106 13
178	485		of an individual; and
179	486		(2) taken, captured, created, disseminated, or recorded by:
180	487		(A) an individual depicted in the photograph, digital image, or
181	488		video and given or transmitted directly to the person described
182	489		in subsection (d); or
183	490		(B) the person described in subsection (d) in the physical
184	491		presence of an individual depicted in the photograph, digital
185	492		image, or video; or
186	493		(C) the person described in subsection (d) with respect to
187	494		a photograph, digital image, computer generated image, or
188	495		video of an individual created or modified by means of a
189	496		computer software program, artificial intelligence,
190	497		application, or other digital editing tools; and
191	498		(3) that is of a quality, characteristic, or condition such that it
192	499		appears to depict the alleged victim.
193	500		(d) A person who:
194	501		(1) knows or reasonably should know that an individual depicted
195	502		in an intimate image does not consent to the distribution of the
196	503		intimate image; and
197	504		(2) distributes the intimate image;
198	505		commits distribution of an intimate image, a Class A misdemeanor.
199	506		However, the offense is a Level 6 felony if the person has a prior
200	507		unrelated conviction under this section.
201	508		(e) It is not a necessary element of the offense described in
202	509		subsection (d) that the individual depicted in the intimate image
203		-	actually sent the image.
204		-	SECTION 5. An emergency is declared for this act.
205		-	HEA 1047 — Concur Speaker of the House of Representatives
206		-	President of the Senate
207		-	President Pro Tempore
208		-	Governor of the State of Indiana
209		-	Date: Time:
210		-	HEA 1047 — Concur
	510	+	actually sent the image.".
	511	+	Page 4, delete lines 1 through 39.
	512	+	Renumber all SECTIONS consecutively.
	513	+	(Reference is to EHB 1047 as printed February 23, 2024.)
	514	+	FREEMAN
	515	+	EH 1047—LS 6474/DI 106