Introduced Version
HOUSE BILL No. 1034
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-45-4-1.
Synopsis: Indecent displays by incarcerated individuals. Creates the
crime of indecent exposure in a penal facility, a Class C misdemeanor.
Effective: July 1, 2025.
Heaton, Borders
January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
2025 IN 1034—LS 6065/DI 151 Introduced
First Regular Session of the 124th General Assembly (2025)
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HOUSE BILL No. 1034
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 35-45-4-1, AS AMENDED BY P.L.142-2020,
2 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. (a) A person who knowingly or intentionally,
4 in a public place:
5 (1) engages in sexual intercourse;
6 (2) engages in other sexual conduct (as defined in
7 IC 35-31.5-2-221.5);
8 (3) appears in a state of nudity with the intent to arouse the sexual
9 desires of the person or another person; or
10 (4) fondles the person's genitals or the genitals of another person;
11 commits public indecency, a Class A misdemeanor.
12 (b) A person at least eighteen (18) years of age who knowingly or
13 intentionally, in a public place, appears in a state of nudity with the
14 intent to be seen by a child less than sixteen (16) years of age commits
15 public indecency, a Class A misdemeanor.
16 (c) However, the offense under subsection (a) or (b) is a Level 6
17 felony if the person who commits the offense has a prior unrelated
2025 IN 1034—LS 6065/DI 151 2
1 conviction under subsection (a) or (b).
2 (d) As used in this section, "nudity" means the showing of the
3 human male or female genitals, pubic area, or buttocks with less than
4 a fully opaque covering, the showing of the female breast with less than
5 a fully opaque covering of any part of the nipple, or the showing of
6 covered male genitals in a discernibly turgid state.
7 (e) A person who, in a place other than a public place, with the
8 intent to be seen by persons other than invitees and occupants of that
9 place:
10 (1) engages in sexual intercourse;
11 (2) engages in other sexual conduct (as defined in
12 IC 35-31.5-2-221.5);
13 (3) fondles the person's genitals or the genitals of another person;
14 or
15 (4) appears in a state of nudity;
16 where the person can be seen by persons other than invitees and
17 occupants of that place commits indecent exposure, a Class C
18 misdemeanor.
19 (f) A person who, in a penal facility, with the intent to be seen by
20 persons other than inmates:
21 (1) engages in sexual intercourse;
22 (2) engages in other sexual conduct (as defined in
23 IC 35-31.5-2-221.5); or
24 (3) fondles the person's genitals or the genitals of another
25 person;
26 where the person can be seen by persons other than inmates
27 commits indecent exposure in a penal facility, a Class C
28 misdemeanor.
2025 IN 1034—LS 6065/DI 151