Second Regular Session of the 123rd General Assembly (2024)
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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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.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1047
AN ACT to amend the Indiana Code concerning criminal law and
procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 34-11-2-4, AS AMENDED BY P.L.44-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) An action for:
(1) injury to person or character;
(2) injury to personal property; or
(3) a forfeiture of penalty given by statute;
must be commenced within two (2) years after the cause of action
accrues.
(b) Except as provided in subsections (c) and (d), an action for
injury to a person that results from the sexual abuse of a child must be
commenced within the later of:
(1) seven (7) years after the cause of action accrues; or
(2) four (4) years after the person ceases to be a dependent of the
person alleged to have performed the sexual abuse.
(c) An action for injury to a person that:
(1) results from the sexual abuse of a child;
(2) is barred due to the expiration of the statute of limitations
period described in subsection (b); and
(3) is brought against a congressionally chartered
organization that was incorporated before June 16, 1916;
may be commenced in accordance with subsection (d).
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(d) An action described in subsection (c) may be commenced
before July 1, 2025, by a person who, before January 1, 2024,
participated in a bankruptcy proceeding or bankruptcy settlement
that:
(1) was initiated on February 18, 2020; and
(2) involved the organization described in subsection (c)(3).
SECTION 2. IC 34-21.5-2-1, AS ADDED BY P.L.29-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
article:
(1) "Computer generated image" means a photograph, digital
image, or video of an individual created or modified by means
of a computer software program, artificial intelligence,
application, or other design editing tools.
(1) (2) "Disclosure" means display, transfer, publication, or
distribution to another person.
(2) (3) "Distribute" means to transfer to another person in, or by
means of, any medium, forum, telecommunications device or
network, or Internet web site.
(3) (4) "Harm" includes:
(A) physical harm;
(B) economic harm; and
(C) emotional distress, whether or not accompanied by
physical or economic harm.
(4) (5) "Identifiable" means recognizable by a person other than
the depicted individual:
(A) from an intimate image itself; or
(B) from an intimate image and identifying characteristic
disclosed in connection with the intimate image.
(5) (6) "Intimate image" means a photograph, digital image,
computer generated image, or video that depicts:
(A) an individual engaging in sexual intercourse;
(B) an individual engaging in other sexual conduct (as defined
in IC 35-31.5-2-221.5); or
(C) the exhibition of the uncovered buttocks, genitals, or
female breast of an individual.
SECTION 3. IC 35-45-4-5, AS AMENDED BY P.L.142-2020,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5. (a) The following definitions apply throughout
this section:
(1) "Camera" means a camera, a video camera, a device that
captures a digital image, or any other type of video recording
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device.
(2) "Peep" means:
(A) any looking of a clandestine, surreptitious, prying, or
secretive nature; or
(B) using a concealed camera with the intent of capturing
an intimate image (as defined by IC 34-21.5-2-1).
(3) "Private area" means the naked or undergarment clad genitals,
pubic area, or buttocks of an individual.
(b) A person:
(1) who knowingly or intentionally:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person; or
(2) who knowingly or intentionally peeps in or into an area where
an occupant of the area reasonably can be expected to disrobe or
is actually expected to disrobe, including:
(A) restrooms;
(B) baths;
(C) showers; and
(D) dressing rooms;
without the consent of the other person, commits voyeurism, a Class B
misdemeanor.
(c) However, the offense under subsection (b) is a Level 6 felony if:
(1) it is knowingly or intentionally committed by means of a
camera; or
(2) the person who commits the offense has a prior unrelated
conviction under this section.
(d) A person who:
(1) without the consent of the individual; and
(2) with intent to peep at the private area of an individual;
peeps at the private area of an individual and records an image by
means of a camera commits public voyeurism, a Class A misdemeanor.
(e) The offense under subsection (d) is a Level 6 felony if the person
has a prior unrelated conviction under this section or if the person:
(1) publishes the image;
(2) makes the image available on the Internet; or
(3) transmits or disseminates the image to another person.
(f) It is a defense to a prosecution under subsection (d) that the
individual deliberately exposed the individual's private area.
(g) A person who, with the intent to peep, operates an unmanned
aerial vehicle in a manner that is intended to cause the unmanned aerial
vehicle to enter the space above or surrounding another person's
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occupied dwelling for the purpose of capturing images, photographs,
video recordings, or audio recordings of the other person while the
other person is:
(1) within the other person's occupied dwelling; or
(2) on the land or premises:
(A) on which the other person's occupied dwelling is located;
and
(B) in a location that is not visible from an area:
(i) open to the general public; or
(ii) where a member of the general public has the right to be;
commits remote aerial voyeurism, a Class A misdemeanor.
(h) The offense under subsection (g) is a Level 6 felony if the person
has a prior unrelated conviction under this section or if the person:
(1) publishes the images, photographs, or recordings captured;
(2) makes the images, photographs, or recordings captured
available on the Internet; or
(3) transmits or disseminates the images, photographs, or
recordings captured to another person.
SECTION 4. IC 35-45-4-8, AS ADDED BY P.L.185-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 8. (a) This section does not apply to:
(1) a photograph, digital image, or video that is distributed:
(1) (A) to report a possible criminal act;
(2) (B) in connection with a criminal investigation;
(3) (C) under a court order; or
(4) (D) to a location that is:
(A) (i) intended solely for the storage or backup of personal
data, including photographs, digital images, and video; and
(B) (ii) password protected; or
(E) by a news reporting or an entertainment medium (as
defined in IC 32-36-1-4);
(2) a newspaper or news service that publishes news related
information through a website;
(3) a cloud service provider; or
(4) an Internet provider, an affiliate or subsidiary of an
Internet provider, or a search engine that:
(A) solely provides access or connection to a website or
other Internet content that is not under the control of that
Internet service provider, affiliate or subsidiary, or search
engine; and
(B) is not responsible for creating or publishing the content
that constitutes material harmful to minors.
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(b) As used in this section, "distribute" means to transfer to another
person in, or by means of, any medium, forum, telecommunications
device or network, or Internet web site, website, including posting an
image on an Internet web site a website or application.
(c) As used in this section, "intimate image" means a photograph,
digital image, computer generated image, or video:
(1) that depicts:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
or
(C) exhibition of the uncovered buttocks, genitals, or female
breast;
of an individual; and
(2) taken, captured, created, disseminated, or recorded by:
(A) an individual depicted in the photograph, digital image, or
video and given or transmitted directly to the person described
in subsection (d); or
(B) the person described in subsection (d) in the physical
presence of an individual depicted in the photograph, digital
image, or video; or
(C) the person described in subsection (d) with respect to
a photograph, digital image, computer generated image, or
video of an individual created or modified by means of a
computer software program, artificial intelligence,
application, or other digital editing tools; and
(3) that is of a quality, characteristic, or condition such that it
appears to depict the alleged victim.
(d) A person who:
(1) knows or reasonably should know that an individual depicted
in an intimate image does not consent to the distribution of the
intimate image; and
(2) distributes the intimate image;
commits distribution of an intimate image, a Class A misdemeanor.
However, the offense is a Level 6 felony if the person has a prior
unrelated conviction under this section.
(e) It is not a necessary element of the offense described in
subsection (d) that the individual depicted in the intimate image
actually sent the image.
SECTION 5. An emergency is declared for this act.
HEA 1047 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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