Indiana 2025 Regular Session

Indiana Senate Bill SB0174 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 174
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 10-13-3-27; IC 11-8-8; IC 11-13-3-11;
7	7	IC 35-36-10; IC 35-42-4; IC 35-49-3-3; IC 35-50-2-7.
8	8	Synopsis: Child sex abuse material. Replaces the term "child
9	9	pornography" with the term "child sex abuse material" throughout the
10	10	Indiana Code.
11	11	Effective: July 1, 2025.
12	12	Yoder
13	13	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
14	14	Law.
15	15	2025 IN 174—LS 6522/DI 92 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2024 Regular Session of the General Assembly.
26	26	SENATE BILL No. 174
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning
28	28	criminal law and procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 10-13-3-27, AS AMENDED BY P.L.142-2020,
31	31	2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2025]: Sec. 27. (a) Except as provided in subsection (b), on
33	33	4 request, a law enforcement agency shall release a limited criminal
34	34	5 history to or allow inspection of a limited criminal history by
35	35	6 noncriminal justice organizations or individuals only if the subject of
36	36	7 the request:
37	37	8 (1) has applied for employment with a noncriminal justice
38	38	9 organization or individual;
39	39	10 (2) has:
40	40	11 (A) applied for a license or is maintaining a license; and
41	41	12 (B) provided criminal history data as required by law to be
42	42	13 provided in connection with the license;
43	43	14 (3) is a candidate for public office or a public official;
44	44	15 (4) is in the process of being apprehended by a law enforcement
45	45	16 agency;
46	46	17 (5) is placed under arrest for the alleged commission of a crime;
47	47	2025 IN 174—LS 6522/DI 92 2
48	48	1 (6) has charged that the subject's rights have been abused
49	49	2 repeatedly by criminal justice agencies;
50	50	3 (7) is the subject of a judicial decision or determination with
51	51	4 respect to the setting of bond, plea bargaining, sentencing, or
52	52	5 probation;
53	53	6 (8) has volunteered services that involve contact with, care of, or
54	54	7 supervision over a child who is being placed, matched, or
55	55	8 monitored by a social services agency or a nonprofit corporation;
56	56	9 (9) is currently residing in a location designated by the
57	57	10 department of child services (established by IC 31-25-1-1) or by
58	58	11 a juvenile court as the out-of-home placement for a child at the
59	59	12 time the child will reside in the location;
60	60	13 (10) has volunteered services at a public school (as defined in
61	61	14 IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
62	62	15 that involve contact with, care of, or supervision over a student
63	63	16 enrolled in the school;
64	64	17 (11) is being investigated for welfare fraud by an investigator of
65	65	18 the division of family resources or a county office of the division
66	66	19 of family resources;
67	67	20 (12) is being sought by the parent locator service of the child
68	68	21 support bureau of the department of child services;
69	69	22 (13) is or was required to register as a sex or violent offender
70	70	23 under IC 11-8-8;
71	71	24 (14) has been convicted of any of the following:
72	72	25 (A) Rape (IC 35-42-4-1), if the victim is less than eighteen
73	73	26 (18) years of age.
74	74	27 (B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the
75	75	28 victim is less than eighteen (18) years of age.
76	76	29 (C) Child molesting (IC 35-42-4-3).
77	77	30 (D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
78	78	31 (E) Possession of child pornography child sex abuse material
79	79	32 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
80	80	33 (F) Vicarious sexual gratification (IC 35-42-4-5).
81	81	34 (G) Child solicitation (IC 35-42-4-6).
82	82	35 (H) Child seduction (IC 35-42-4-7).
83	83	36 (I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
84	84	37 (J) Incest (IC 35-46-1-3), if the victim is less than eighteen
85	85	38 (18) years of age;
86	86	39 (15) is identified as a possible perpetrator of child abuse or
87	87	40 neglect in an assessment conducted by the department of child
88	88	41 services under IC 31-33-8; or
89	89	42 (16) is:
90	90	2025 IN 174—LS 6522/DI 92 3
91	91	1 (A) a parent, guardian, or custodian of a child; or
92	92	2 (B) an individual who is at least eighteen (18) years of age and
93	93	3 resides in the home of the parent, guardian, or custodian;
94	94	4 with whom the department of child services or a county probation
95	95	5 department has a case plan, dispositional decree, or permanency
96	96	6 plan approved under IC 31-34 or IC 31-37 that provides for
97	97	7 reunification following an out-of-home placement.
98	98	8 However, limited criminal history information obtained from the
99	99	9 National Crime Information Center may not be released under this
100	100	10 section except to the extent permitted by the Attorney General of the
101	101	11 United States.
102	102	12 (b) A law enforcement agency shall allow inspection of a limited
103	103	13 criminal history by and release a limited criminal history to the
104	104	14 following noncriminal justice organizations:
105	105	15 (1) Federally chartered or insured banking institutions.
106	106	16 (2) Officials of state and local government for any of the
107	107	17 following purposes:
108	108	18 (A) Employment with a state or local governmental entity.
109	109	19 (B) Licensing.
110	110	20 (3) Segments of the securities industry identified under 15 U.S.C.
111	111	21 78q(f)(2).
112	112	22 (c) Any person who knowingly or intentionally uses limited criminal
113	113	23 history for any purpose not specified under this section commits a
114	114	24 Class C infraction. However, the violation is a Class A misdemeanor
115	115	25 if the person has a prior unrelated adjudication or conviction for a
116	116	26 violation of this section within the previous five (5) years.
117	117	27 SECTION 2. IC 11-8-8-4.5, AS AMENDED BY P.L.115-2023,
118	118	28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119	119	29 JULY 1, 2025]: Sec. 4.5. (a) Except as provided in section 22 of this
120	120	30 chapter, as used in this chapter, "sex offender" means a person
121	121	31 convicted of any of the following offenses:
122	122	32 (1) Rape (IC 35-42-4-1).
123	123	33 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
124	124	34 (3) Child molesting (IC 35-42-4-3).
125	125	35 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
126	126	36 (5) Vicarious sexual gratification (including performing sexual
127	127	37 conduct in the presence of a minor) (IC 35-42-4-5).
128	128	38 (6) Child solicitation (IC 35-42-4-6).
129	129	39 (7) Child seduction (IC 35-42-4-7).
130	130	40 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
131	131	41 Class B, or Class C felony (for a crime committed before July 1,
132	132	42 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
133	133	2025 IN 174—LS 6522/DI 92 4
134	134	1 crime committed after June 30, 2014), unless:
135	135	2 (A) the person is convicted of sexual misconduct with a minor
136	136	3 as a Class C felony (for a crime committed before July 1,
137	137	4 2014) or a Level 5 felony (for a crime committed after June
138	138	5 30, 2014);
139	139	6 (B) the person is not more than:
140	140	7 (i) four (4) years older than the victim if the offense was
141	141	8 committed after June 30, 2007; or
142	142	9 (ii) five (5) years older than the victim if the offense was
143	143	10 committed before July 1, 2007; and
144	144	11 (C) the sentencing court finds that the person should not be
145	145	12 required to register as a sex offender.
146	146	13 (9) Incest (IC 35-46-1-3).
147	147	14 (10) Sexual battery (IC 35-42-4-8).
148	148	15 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
149	149	16 (18) years of age, and the person who kidnapped the victim is not
150	150	17 the victim's parent or guardian.
151	151	18 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
152	152	19 than eighteen (18) years of age, and the person who confined or
153	153	20 removed the victim is not the victim's parent or guardian.
154	154	21 (13) Possession of child pornography child sex abuse material
155	155	22 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
156	156	23 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
157	157	24 (for a crime committed before July 1, 2014) or a Level 4 felony
158	158	25 (for a crime committed after June 30, 2014).
159	159	26 (15) Promotion of human sexual trafficking under
160	160	27 IC 35-42-3.5-1.1.
161	161	28 (16) Promotion of child sexual trafficking under
162	162	29 IC 35-42-3.5-1.2(a).
163	163	30 (17) Promotion of sexual trafficking of a younger child (IC
164	164	31 35-42-3.5-1.2(c)).
165	165	32 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
166	166	33 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
167	167	34 less than eighteen (18) years of age.
168	168	35 (20) Sexual misconduct by a service provider with a detained or
169	169	36 supervised child (IC 35-44.1-3-10(c)).
170	170	37 (b) The term includes:
171	171	38 (1) a person who is required to register as a sex offender in any
172	172	39 jurisdiction; and
173	173	40 (2) a child who has committed a delinquent act, or a person
174	174	41 prosecuted under IC 31-30-1-4(d) for an offense described in
175	175	42 subsection (a) committed when the person was less than eighteen
176	176	2025 IN 174—LS 6522/DI 92 5
177	177	1 (18) years of age, but who was at least twenty-one (21) years of
178	178	2 age when the charge was filed, and who:
179	179	3 (A) is at least fourteen (14) years of age;
180	180	4 (B) is on probation, is on parole, is discharged from a facility
181	181	5 by the department of correction, is discharged from a secure
182	182	6 private facility (as defined in IC 31-9-2-115), or is discharged
183	183	7 from a juvenile detention facility as a result of an adjudication
184	184	8 as a delinquent child for an act that would be an offense
185	185	9 described in subsection (a) if committed by an adult; and
186	186	10 (C) is found by a court by clear and convincing evidence to be
187	187	11 likely to repeat an act that would be an offense described in
188	188	12 subsection (a) if committed by an adult.
189	189	13 (c) In making a determination under subsection (b)(2)(C), the court
190	190	14 shall consider expert testimony concerning whether a child is likely to
191	191	15 repeat an act that would be an offense described in subsection (a) if
192	192	16 committed by an adult.
193	193	17 (d) A person ordered to register under subsection (b)(2) may
194	194	18 petition the court to reconsider the order at any time after completing
195	195	19 court ordered sex offender treatment. The court shall consider expert
196	196	20 testimony concerning whether a child or person is likely to repeat an
197	197	21 offense described in subsection (a) or an act that would be an offense
198	198	22 described in subsection (a) if committed by an adult.
199	199	23 SECTION 3. IC 11-8-8-5, AS AMENDED BY P.L.115-2023,
200	200	24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
201	201	25 JULY 1, 2025]: Sec. 5. (a) Except as provided in section 22 of this
202	202	26 chapter, as used in this chapter, "sex or violent offender" means a
203	203	27 person convicted of any of the following offenses:
204	204	28 (1) Rape (IC 35-42-4-1).
205	205	29 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
206	206	30 (3) Child molesting (IC 35-42-4-3).
207	207	31 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
208	208	32 (5) Vicarious sexual gratification (including performing sexual
209	209	33 conduct in the presence of a minor) (IC 35-42-4-5).
210	210	34 (6) Child solicitation (IC 35-42-4-6).
211	211	35 (7) Child seduction (IC 35-42-4-7).
212	212	36 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
213	213	37 Class B, or Class C felony (for a crime committed before July 1,
214	214	38 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
215	215	39 crime committed after June 30, 2014), unless:
216	216	40 (A) the person is convicted of sexual misconduct with a minor
217	217	41 as a Class C felony (for a crime committed before July 1,
218	218	42 2014) or a Level 5 felony (for a crime committed after June
219	219	2025 IN 174—LS 6522/DI 92 6
220	220	1 30, 2014);
221	221	2 (B) the person is not more than:
222	222	3 (i) four (4) years older than the victim if the offense was
223	223	4 committed after June 30, 2007; or
224	224	5 (ii) five (5) years older than the victim if the offense was
225	225	6 committed before July 1, 2007; and
226	226	7 (C) the sentencing court finds that the person should not be
227	227	8 required to register as a sex offender.
228	228	9 (9) Incest (IC 35-46-1-3).
229	229	10 (10) Sexual battery (IC 35-42-4-8).
230	230	11 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
231	231	12 (18) years of age, and the person who kidnapped the victim is not
232	232	13 the victim's parent or guardian.
233	233	14 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
234	234	15 than eighteen (18) years of age, and the person who confined or
235	235	16 removed the victim is not the victim's parent or guardian.
236	236	17 (13) Possession of child pornography child sex abuse material
237	237	18 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
238	238	19 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
239	239	20 (for a crime committed before July 1, 2014) or a Level 4 felony
240	240	21 (for a crime committed after June 30, 2014).
241	241	22 (15) Promotion of human sexual trafficking under
242	242	23 IC 35-42-3.5-1.1.
243	243	24 (16) Promotion of child sexual trafficking under
244	244	25 IC 35-42-3.5-1.2(a).
245	245	26 (17) Promotion of sexual trafficking of a younger child (IC
246	246	27 35-42-3.5-1.2(c)).
247	247	28 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
248	248	29 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
249	249	30 less than eighteen (18) years of age.
250	250	31 (20) Murder (IC 35-42-1-1).
251	251	32 (21) Voluntary manslaughter (IC 35-42-1-3).
252	252	33 (22) Sexual misconduct by a service provider with a detained or
253	253	34 supervised child (IC 35-44.1-3-10(c)).
254	254	35 (b) The term includes:
255	255	36 (1) a person who is required to register as a sex or violent
256	256	37 offender in any jurisdiction; and
257	257	38 (2) a child who has committed a delinquent act, or a person
258	258	39 prosecuted under IC 31-30-1-4(d) for an offense described in
259	259	40 subsection (a) committed when the person was less than eighteen
260	260	41 (18) years of age, but who was at least twenty-one (21) years of
261	261	42 age when the charge was filed, and who:
262	262	2025 IN 174—LS 6522/DI 92 7
263	263	1 (A) is at least fourteen (14) years of age;
264	264	2 (B) is on probation, is on parole, is discharged from a facility
265	265	3 by the department of correction, is discharged from a secure
266	266	4 private facility (as defined in IC 31-9-2-115), or is discharged
267	267	5 from a juvenile detention facility as a result of an adjudication
268	268	6 as a delinquent child for an act that would be an offense
269	269	7 described in subsection (a) if committed by an adult; and
270	270	8 (C) is found by a court by clear and convincing evidence to be
271	271	9 likely to repeat an act that would be an offense described in
272	272	10 subsection (a) if committed by an adult.
273	273	11 (c) In making a determination under subsection (b)(2)(C), the court
274	274	12 shall consider expert testimony concerning whether a child is likely to
275	275	13 repeat an act that would be an offense described in subsection (a) if
276	276	14 committed by an adult.
277	277	15 (d) A person ordered to register under subsection (b)(2) may
278	278	16 petition the court to reconsider the order at any time after completing
279	279	17 court ordered sex offender treatment. The court shall consider expert
280	280	18 testimony concerning whether a child or person is likely to repeat an
281	281	19 offense described in subsection (a) or an act that would be an offense
282	282	20 described in subsection (a) if committed by an adult.
283	283	21 SECTION 4. IC 11-13-3-11, AS AMENDED BY THE
284	284	22 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
285	285	23 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
286	286	24 JULY 1, 2025]: Sec. 11. (a) As used in this section, "Internet crime
287	287	25 against a child" means a conviction for a violation of:
288	288	26 (1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
289	289	27 (2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
290	290	28 pornography); child sex abuse material); or
291	291	29 (3) IC 35-42-4-6 (child solicitation).
292	292	30 (b) When a person is placed on lifetime parole, the department shall
293	293	31 provide the parolee with a written statement of the conditions of
294	294	32 lifetime parole. The parolee shall sign the statement, retain a copy, and
295	295	33 provide a copy to the department. The department shall place the
296	296	34 signed statement in the parolee's master file.
297	297	35 (c) As a condition of lifetime parole, the parole board shall:
298	298	36 (1) require a parolee who is a sexually violent predator (as defined
299	299	37 in IC 35-38-1-7.5) to:
300	300	38 (A) inform the parolee's parole agent of any changes to the
301	301	39 parolee's residence, employment, or contact information not
302	302	40 later than seventy-two (72) hours after the change;
303	303	41 (B) report to the parole agent as instructed;
304	304	42 (C) avoid contact with any person who is less than sixteen (16)
305	305	2025 IN 174—LS 6522/DI 92 8
306	306	1 years of age, unless the parolee receives written authorization
307	307	2 from the parole board; and
308	308	3 (D) avoid contact with the victim of any sex crime committed
309	309	4 by that parolee, unless the parolee receives written
310	310	5 authorization from the parole board;
311	311	6 (2) prohibit a parolee who is a sexually violent predator convicted
312	312	7 of an Internet crime against a child from:
313	313	8 (A) accessing or using certain Internet web sites, websites,
314	314	9 chat rooms, or instant messaging programs frequented by
315	315	10 children; and
316	316	11 (B) deleting, erasing, or tampering with data on the parolee's
317	317	12 personal computer;
318	318	13 (3) prohibit a parolee who is a sexually violent predator from
319	319	14 owning, operating, managing, being employed by, or volunteering
320	320	15 at an attraction designed to be primarily enjoyed by a child less
321	321	16 than sixteen (16) years of age; and
322	322	17 (4) require a parolee to allow the parolee's supervising parole
323	323	18 agent or another person authorized by the parole board to visit the
324	324	19 parolee's residence, real property, or place of employment.
325	325	20 (d) As a condition of lifetime parole, the parole board may require
326	326	21 a sexually violent predator to participate in a sex offender treatment
327	327	22 program approved by the parole board.
328	328	23 (e) As a condition of lifetime parole, the parole board may require
329	329	24 a parolee who is:
330	330	25 (1) a sexually violent predator; or
331	331	26 (2) required to register as a sex or violent offender under
332	332	27 IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
333	333	28 voluntary manslaughter (IC 35-42-1-3);
334	334	29 to wear a monitoring device (as described in IC 35-38-2.5-3) that can
335	335	30 transmit information twenty-four (24) hours each day regarding a
336	336	31 person's precise location, subject to a validated sex offender risk
337	337	32 assessment or appropriate violent offender risk assessment, and subject
338	338	33 to the amount appropriated to the department for a monitoring program
339	339	34 as a condition of lifetime parole.
340	340	35 (f) When an offender is placed on lifetime parole, the parole board
341	341	36 shall inform the sheriff and the prosecuting attorney of the offender's
342	342	37 current county of residence:
343	343	38 (1) that the offender has been placed on lifetime parole; and
344	344	39 (2) whether the offender is required to wear a monitoring device
345	345	40 as described in subsection (e).
346	346	41 (g) The parole board may adopt rules under IC 4-22-2 to impose
347	347	42 additional conditions of lifetime parole and to implement this section.
348	348	2025 IN 174—LS 6522/DI 92 9
349	349	1 SECTION 5. IC 35-36-10-2, AS AMENDED BY P.L.13-2016,
350	350	2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
351	351	3 JULY 1, 2025]: Sec. 2. As used in this chapter, "child pornography"
352	352	4 "child sex abuse material" includes:
353	353	5 (1) material described in IC 35-42-4-4(d); and
354	354	6 (2) material defined in 18 U.S.C. 2256(8).
355	355	7 SECTION 6. IC 35-36-10-3, AS ADDED BY P.L.148-2011,
356	356	8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
357	357	9 JULY 1, 2025]: Sec. 3. In any criminal proceeding, material
358	358	10 constituting child pornography child sex abuse material must remain
359	359	11 in the custody of the state or the court.
360	360	12 SECTION 7. IC 35-36-10-4, AS ADDED BY P.L.148-2011,
361	361	13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
362	362	14 JULY 1, 2025]: Sec. 4. A court shall deny any request by the defendant
363	363	15 in a criminal proceeding to copy, photograph, duplicate, or otherwise
364	364	16 reproduce any material that constitutes child pornography child sex
365	365	17 abuse material if the state provides ample opportunity for inspection,
366	366	18 viewing, and examination of the material by:
367	367	19 (1) the defendant;
368	368	20 (2) the defendant's attorney; and
369	369	21 (3) any individual the defendant seeks to qualify as an expert;
370	370	22 at a state or local court or law enforcement facility as provided in
371	371	23 section 5 of this chapter.
372	372	24 SECTION 8. IC 35-36-10-5, AS ADDED BY P.L.148-2011,
373	373	25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
374	374	26 JULY 1, 2025]: Sec. 5. (a) A court may permit a defendant to inspect,
375	375	27 view, and examine material that constitutes child pornography child
376	376	28 sex abuse material at a state or local court or law enforcement facility
377	377	29 if the defendant demonstrates that inspecting, viewing, and examining
378	378	30 the material is necessary to the defendant's defense.
379	379	31 (b) If a court permits a defendant to inspect, view, and examine
380	380	32 material that constitutes child pornography, child sex abuse material,
381	381	33 the court shall issue a protective order under Indiana Trial Rule 26 with
382	382	34 respect to the material. The protective order must:
383	383	35 (1) specifically describe which persons may have access to the
384	384	36 material, and prohibit any person not described in the order from
385	385	37 having access to the material;
386	386	38 (2) permit only those persons whose access to the material is
387	387	39 necessary for the purposes described in subsection (a) to have
388	388	40 access to the material;
389	389	41 (3) prohibit the further dissemination of the material; and
390	390	42 (4) prohibit the defendant from having direct access to the
391	391	2025 IN 174—LS 6522/DI 92 10
392	392	1 material.
393	393	2 The protective order may include any other provision to safeguard the
394	394	3 material.
395	395	4 SECTION 9. IC 35-42-4-4, AS AMENDED BY P.L.172-2022,
396	396	5 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
397	397	6 JULY 1, 2025]: Sec. 4. (a) The following definitions apply throughout
398	398	7 this section:
399	399	8 (1) "Disseminate" means to transfer possession for free or for a
400	400	9 consideration.
401	401	10 (2) "Image" means the following:
402	402	11 (A) A picture.
403	403	12 (B) A drawing.
404	404	13 (C) A photograph.
405	405	14 (D) A negative image.
406	406	15 (E) An undeveloped film.
407	407	16 (F) A motion picture.
408	408	17 (G) A videotape.
409	409	18 (H) A digitized image.
410	410	19 (I) A computer generated image.
411	411	20 (J) Any pictorial representation.
412	412	21 (3) "Matter" has the same meaning as in IC 35-49-1-3.
413	413	22 (4) "Performance" has the same meaning as in IC 35-49-1-7.
414	414	23 (5) "Sexual conduct" means:
415	415	24 (A) sexual intercourse;
416	416	25 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
417	417	26 (C) exhibition of the:
418	418	27 (i) uncovered genitals; or
419	419	28 (ii) female breast with less than a fully opaque covering of
420	420	29 any part of the nipple;
421	421	30 intended to satisfy or arouse the sexual desires of any person;
422	422	31 (D) sadomasochistic abuse;
423	423	32 (E) sexual intercourse or other sexual conduct (as defined in
424	424	33 IC 35-31.5-2-221.5) with an animal; or
425	425	34 (F) any fondling or touching of a child by another person or of
426	426	35 another person by a child intended to arouse or satisfy the
427	427	36 sexual desires of either the child or the other person.
428	428	37 (b) A person who:
429	429	38 (1) knowingly or intentionally manages, produces, sponsors,
430	430	39 presents, exhibits, photographs, films, videotapes, or creates a
431	431	40 digitized image of any performance or incident that includes
432	432	41 sexual conduct by a child under eighteen (18) years of age;
433	433	42 (2) knowingly or intentionally disseminates, exhibits to another
434	434	2025 IN 174—LS 6522/DI 92 11
435	435	1 person, offers to disseminate or exhibit to another person, or
436	436	2 sends or brings into Indiana for dissemination or exhibition matter
437	437	3 that depicts or describes sexual conduct by a child under eighteen
438	438	4 (18) years of age;
439	439	5 (3) knowingly or intentionally makes available to another person
440	440	6 a computer, knowing that the computer's fixed drive or peripheral
441	441	7 device contains matter that depicts or describes sexual conduct by
442	442	8 a child less than eighteen (18) years of age;
443	443	9 (4) with the intent to satisfy or arouse the sexual desires of any
444	444	10 person:
445	445	11 (A) knowingly or intentionally:
446	446	12 (i) manages;
447	447	13 (ii) produces;
448	448	14 (iii) sponsors;
449	449	15 (iv) presents;
450	450	16 (v) exhibits;
451	451	17 (vi) photographs;
452	452	18 (vii) films;
453	453	19 (viii) videotapes; or
454	454	20 (ix) creates a digitized image of;
455	455	21 any performance or incident that includes the uncovered
456	456	22 genitals of a child less than eighteen (18) years of age or the
457	457	23 exhibition of the female breast with less than a fully opaque
458	458	24 covering of any part of the nipple by a child less than eighteen
459	459	25 (18) years of age;
460	460	26 (B) knowingly or intentionally:
461	461	27 (i) disseminates to another person;
462	462	28 (ii) exhibits to another person;
463	463	29 (iii) offers to disseminate or exhibit to another person; or
464	464	30 (iv) sends or brings into Indiana for dissemination or
465	465	31 exhibition;
466	466	32 matter that depicts the uncovered genitals of a child less than
467	467	33 eighteen (18) years of age or the exhibition of the female
468	468	34 breast with less than a fully opaque covering of any part of the
469	469	35 nipple by a child less than eighteen (18) years of age; or
470	470	36 (C) makes available to another person a computer, knowing
471	471	37 that the computer's fixed drive or peripheral device contains
472	472	38 matter that depicts the uncovered genitals of a child less than
473	473	39 eighteen (18) years of age or the exhibition of the female
474	474	40 breast with less than a fully opaque covering of any part of the
475	475	41 nipple by a child less than eighteen (18) years of age; or
476	476	42 (5) knowingly or intentionally produces, disseminates, or
477	477	2025 IN 174—LS 6522/DI 92 12
478	478	1 possesses with intent to disseminate an image that depicts or
479	479	2 describes sexual conduct:
480	480	3 (A) by a child who the person knows is less than eighteen (18)
481	481	4 years of age;
482	482	5 (B) by a child less than eighteen (18) years of age, or by a
483	483	6 person who appears to be a child less than eighteen (18) years
484	484	7 of age, if the image is obscene (as described in IC 35-49-2-1);
485	485	8 or
486	486	9 (C) that is simulated sexual conduct involving a representation
487	487	10 that appears to be a child less than eighteen (18) years of age,
488	488	11 if the representation of the image is obscene (as described in
489	489	12 IC 35-49-2-1);
490	490	13 commits child exploitation, a Level 5 felony. It is not a required
491	491	14 element of an offense under subdivision (5)(C) that the child depicted
492	492	15 actually exists.
493	493	16 (c) However, the offense of child exploitation described in
494	494	17 subsection (b) is a Level 4 felony if:
495	495	18 (1) the sexual conduct, matter, performance, or incident depicts
496	496	19 or describes a child less than eighteen (18) years of age who:
497	497	20 (A) engages in bestiality (as described in IC 35-46-3-14);
498	498	21 (B) is mentally disabled or deficient;
499	499	22 (C) participates in the sexual conduct, matter, performance, or
500	500	23 incident by use of force or the threat of force;
501	501	24 (D) physically or verbally resists participating in the sexual
502	502	25 conduct, matter, performance, or incident;
503	503	26 (E) receives a bodily injury while participating in the sexual
504	504	27 conduct, matter, performance, or incident; or
505	505	28 (F) is less than twelve (12) years of age; or
506	506	29 (2) the child less than eighteen (18) years of age:
507	507	30 (A) engages in bestiality (as described in IC 35-46-3-14);
508	508	31 (B) is mentally disabled or deficient;
509	509	32 (C) participates in the sexual conduct, matter, performance, or
510	510	33 incident by use of force or the threat of force;
511	511	34 (D) physically or verbally resists participating in the sexual
512	512	35 conduct, matter, performance, or incident;
513	513	36 (E) receives a bodily injury while participating in the sexual
514	514	37 conduct, matter, performance, or incident; or
515	515	38 (F) is less than twelve (12) years of age.
516	516	39 (d) A person who, with intent to view the image, knowingly or
517	517	40 intentionally possesses or accesses an image that depicts or describes
518	518	41 sexual conduct:
519	519	42 (1) by a child who the person knows is less than eighteen (18)
520	520	2025 IN 174—LS 6522/DI 92 13
521	521	1 years of age;
522	522	2 (2) by a child less than eighteen (18) years of age, or by a person
523	523	3 who appears to be a child less than eighteen (18) years of age, if
524	524	4 the representation of the image is obscene (as described in
525	525	5 IC 35-49-2-1); or
526	526	6 (3) that is simulated sexual conduct involving a representation
527	527	7 that appears to be a child less than eighteen (18) years of age, if
528	528	8 the representation of the image is obscene (as described in
529	529	9 IC 35-49-2-1);
530	530	10 commits possession of child pornography, child sex abuse material,
531	531	11 a Level 6 felony. It is not a required element of an offense under
532	532	12 subdivision (3) that the child depicted actually exists.
533	533	13 (e) However, the offense of possession of child pornography child
534	534	14 sex abuse material described in subsection (d) is a Level 5 felony if:
535	535	15 (1) the sexual conduct, matter, performance, or incident depicts
536	536	16 or describes a child who the person knows is less than eighteen
537	537	17 (18) years of age, or who appears to be less than eighteen (18)
538	538	18 years of age, who:
539	539	19 (A) engages in bestiality (as described in IC 35-46-3-14);
540	540	20 (B) is mentally disabled or deficient;
541	541	21 (C) participates in the sexual conduct, matter, performance, or
542	542	22 incident by use of force or the threat of force;
543	543	23 (D) physically or verbally resists participating in the sexual
544	544	24 conduct, matter, performance, or incident;
545	545	25 (E) receives a bodily injury while participating in the sexual
546	546	26 conduct, matter, performance, or incident; or
547	547	27 (F) is less than twelve (12) years of age; or
548	548	28 (2) the child less than eighteen (18) years of age:
549	549	29 (A) engages in bestiality (as described in IC 35-46-3-14);
550	550	30 (B) is mentally disabled or deficient;
551	551	31 (C) participates in the sexual conduct, matter, performance, or
552	552	32 incident by use of force or the threat of force;
553	553	33 (D) physically or verbally resists participating in the sexual
554	554	34 conduct, matter, performance, or incident;
555	555	35 (E) receives a bodily injury while participating in the sexual
556	556	36 conduct, matter, performance, or incident; or
557	557	37 (F) is less than twelve (12) years of age.
558	558	38 (f) Subsections (b), (c), (d), and (e) do not apply to a bona fide
559	559	39 school, museum, or public library that qualifies for certain property tax
560	560	40 exemptions under IC 6-1.1-10, or to an employee of such a school,
561	561	41 museum, or public library acting within the scope of the employee's
562	562	42 employment when the possession of the listed materials is for
563	563	2025 IN 174—LS 6522/DI 92 14
564	564	1 legitimate scientific or educational purposes.
565	565	2 (g) It is a defense to a prosecution under this section that:
566	566	3 (1) the person is a school employee, a department of child
567	567	4 services employee, or an attorney acting in the attorney's capacity
568	568	5 as legal counsel for a client; and
569	569	6 (2) the acts constituting the elements of the offense were
570	570	7 performed solely within the scope of the person's employment as
571	571	8 a school employee, a department of child services employee, or
572	572	9 an attorney acting in the attorney's capacity as legal counsel for a
573	573	10 client.
574	574	11 (h) Except as provided in subsection (i), it is a defense to a
575	575	12 prosecution under subsection (b), (c), (d), or (e) if all of the following
576	576	13 apply:
577	577	14 (1) A cellular telephone, another wireless or cellular
578	578	15 communications device, or a social networking web site website
579	579	16 was used to possess, produce, or disseminate the image.
580	580	17 (2) The defendant is not more than four (4) years older or younger
581	581	18 than the person who is depicted in the image or who received the
582	582	19 image.
583	583	20 (3) The relationship between the defendant and the person who
584	584	21 received the image or who is depicted in the image was a dating
585	585	22 relationship or an ongoing personal relationship. For purposes of
586	586	23 this subdivision, the term "ongoing personal relationship" does
587	587	24 not include a family relationship.
588	588	25 (4) The crime was committed by a person less than twenty-two
589	589	26 (22) years of age.
590	590	27 (5) The person receiving the image or who is depicted in the
591	591	28 image acquiesced in the defendant's conduct.
592	592	29 (i) The defense to a prosecution described in subsection (h) does not
593	593	30 apply if:
594	594	31 (1) the person who receives the image disseminates it to a person
595	595	32 other than the person:
596	596	33 (A) who sent the image; or
597	597	34 (B) who is depicted in the image;
598	598	35 (2) the image is of a person other than the person who sent the
599	599	36 image or received the image; or
600	600	37 (3) the dissemination of the image violates:
601	601	38 (A) a protective order to prevent domestic or family violence
602	602	39 or harassment issued under IC 34-26-5 (or, if the order
603	603	40 involved a family or household member, under IC 34-26-2 or
604	604	41 IC 34-4-5.1-5 before their repeal);
605	605	42 (B) an ex parte protective order issued under IC 34-26-5 (or,
606	606	2025 IN 174—LS 6522/DI 92 15
607	607	1 if the order involved a family or household member, an
608	608	2 emergency order issued under IC 34-26-2 or IC 34-4-5.1
609	609	3 before their repeal);
610	610	4 (C) a workplace violence restraining order issued under
611	611	5 IC 34-26-6;
612	612	6 (D) a no contact order in a dispositional decree issued under
613	613	7 IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
614	614	8 IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
615	615	9 order issued under IC 31-32-13 (or IC 31-6-7-14 before its
616	616	10 repeal) that orders the person to refrain from direct or indirect
617	617	11 contact with a child in need of services or a delinquent child;
618	618	12 (E) a no contact order issued as a condition of pretrial release,
619	619	13 including release on bail or personal recognizance, or pretrial
620	620	14 diversion, and including a no contact order issued under
621	621	15 IC 35-33-8-3.6;
622	622	16 (F) a no contact order issued as a condition of probation;
623	623	17 (G) a protective order to prevent domestic or family violence
624	624	18 issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
625	625	19 before their repeal);
626	626	20 (H) a protective order to prevent domestic or family violence
627	627	21 issued under IC 31-14-16-1 in a paternity action;
628	628	22 (I) a no contact order issued under IC 31-34-25 in a child in
629	629	23 need of services proceeding or under IC 31-37-25 in a juvenile
630	630	24 delinquency proceeding;
631	631	25 (J) an order issued in another state that is substantially similar
632	632	26 to an order described in clauses (A) through (I);
633	633	27 (K) an order that is substantially similar to an order described
634	634	28 in clauses (A) through (I) and is issued by an Indian:
635	635	29 (i) tribe;
636	636	30 (ii) band;
637	637	31 (iii) pueblo;
638	638	32 (iv) nation; or
639	639	33 (v) organized group or community, including an Alaska
640	640	34 Native village or regional or village corporation as defined
641	641	35 in or established under the Alaska Native Claims Settlement
642	642	36 Act (43 U.S.C. 1601 et seq.);
643	643	37 that is recognized as eligible for the special programs and
644	644	38 services provided by the United States to Indians because of
645	645	39 their special status as Indians;
646	646	40 (L) an order issued under IC 35-33-8-3.2; or
647	647	41 (M) an order issued under IC 35-38-1-30.
648	648	42 (j) It is a defense to a prosecution under this section that:
649	649	2025 IN 174—LS 6522/DI 92 16
650	650	1 (1) the person was less than eighteen (18) years of age at the time
651	651	2 the alleged offense was committed; and
652	652	3 (2) the circumstances described in IC 35-45-4-6(a)(2) through
653	653	4 IC 35-45-4-6(a)(4) apply.
654	654	5 (k) A person is entitled to present the defense described in
655	655	6 subsection (j) in a pretrial hearing. If a person proves by a
656	656	7 preponderance of the evidence in a pretrial hearing that the defense
657	657	8 described in subsection (j) applies, the court shall dismiss the charges
658	658	9 under this section with prejudice.
659	659	10 SECTION 10. IC 35-42-4-14, AS AMENDED BY P.L.142-2020,
660	660	11 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
661	661	12 JULY 1, 2025]: Sec. 14. (a) As used in this section, "serious sex
662	662	13 offender" means a person required to register as a sex offender under
663	663	14 IC 11-8-8 who is:
664	664	15 (1) found to be a sexually violent predator under IC 35-38-1-7.5;
665	665	16 or
666	666	17 (2) convicted of one (1) or more of the following offenses:
667	667	18 (A) Child molesting (IC 35-42-4-3).
668	668	19 (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
669	669	20 (C) Possession of child pornography child sex abuse material
670	670	21 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
671	671	22 (D) Vicarious sexual gratification (IC 35-42-4-5(a) and
672	672	23 IC 35-42-4-5(b)).
673	673	24 (E) Performing sexual conduct in the presence of a minor (IC
674	674	25 35-42-4-5(c)).
675	675	26 (F) Child solicitation (IC 35-42-4-6).
676	676	27 (G) Child seduction (IC 35-42-4-7).
677	677	28 (H) Sexual misconduct with a minor (IC 35-42-4-9).
678	678	29 (b) A serious sex offender who knowingly or intentionally enters
679	679	30 school property commits unlawful entry by a serious sex offender, a
680	680	31 Level 6 felony.
681	681	32 (c) It is a defense to a prosecution under subsection (b) that:
682	682	33 (1) a religious institution or house of worship is located on the
683	683	34 school property; and
684	684	35 (2) the person:
685	685	36 (A) enters the school property or other entity described in
686	686	37 IC 35-31.5-2-285(1)(A) through IC 35-31.5-2-285(1)(D) when
687	687	38 classes, extracurricular activities, or any other school activities
688	688	39 are not being held:
689	689	40 (i) for the sole purpose of attending worship services or
690	690	41 receiving religious instruction; and
691	691	42 (ii) not earlier than thirty (30) minutes before the beginning
692	692	2025 IN 174—LS 6522/DI 92 17
693	693	1 of the worship services or religious instruction; and
694	694	2 (B) leaves the school property not later than thirty (30)
695	695	3 minutes after the conclusion of the worship services or
696	696	4 religious instruction.
697	697	5 SECTION 11. IC 35-49-3-3, AS AMENDED BY P.L.234-2023,
698	698	6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
699	699	7 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b) and
700	700	8 section 4 of this chapter, a person who knowingly or intentionally:
701	701	9 (1) disseminates matter to minors that is harmful to minors (as
702	702	10 described in IC 35-49-2);
703	703	11 (2) displays matter that is harmful to minors in an area to which
704	704	12 minors have visual, auditory, or physical access, unless each
705	705	13 minor is accompanied by the minor's parent or guardian;
706	706	14 (3) sells, rents, or displays for sale or rent to any person matter
707	707	15 that is harmful to minors within five hundred (500) feet of the
708	708	16 nearest property line of a school or church;
709	709	17 (4) engages in or conducts a performance before minors that is
710	710	18 harmful to minors;
711	711	19 (5) engages in or conducts a performance that is harmful to
712	712	20 minors in an area to which minors have visual, auditory, or
713	713	21 physical access, unless each minor is accompanied by the minor's
714	714	22 parent or guardian;
715	715	23 (6) misrepresents the minor's age for the purpose of obtaining
716	716	24 admission to an area from which minors are restricted because of
717	717	25 the display of matter or a performance that is harmful to minors;
718	718	26 or
719	719	27 (7) misrepresents that the person is a parent or guardian of a
720	720	28 minor for the purpose of obtaining admission of the minor to an
721	721	29 area where minors are being restricted because of display of
722	722	30 matter or performance that is harmful to minors;
723	723	31 commits a Level 6 felony.
724	724	32 (b) This section does not apply if a person disseminates, displays,
725	725	33 or makes available the matter described in subsection (a) through the
726	726	34 Internet, computer electronic transfer, or a computer network unless:
727	727	35 (1) the matter is obscene under IC 35-49-2-1;
728	728	36 (2) the matter is child pornography child sex abuse material
729	729	37 under IC 35-42-4-4; or
730	730	38 (3) the person distributes the matter to a child less than eighteen
731	731	39 (18) years of age believing or intending that the recipient is a
732	732	40 child less than eighteen (18) years of age.
733	733	41 SECTION 12. IC 35-50-2-7, AS AMENDED BY P.L.40-2019,
734	734	42 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
735	735	2025 IN 174—LS 6522/DI 92 18
736	736	1 JULY 1, 2025]: Sec. 7. (a) A person who commits a Class D felony (for
737	737	2 a crime committed before July 1, 2014) shall be imprisoned for a fixed
738	738	3 term of between six (6) months and three (3) years, with the advisory
739	739	4 sentence being one and one-half (1 1/2) years. In addition, the person
740	740	5 may be fined not more than ten thousand dollars ($10,000).
741	741	6 (b) A person who commits a Level 6 felony (for a crime committed
742	742	7 after June 30, 2014) shall be imprisoned for a fixed term of between six
743	743	8 (6) months and two and one-half (2 1/2) years, with the advisory
744	744	9 sentence being one (1) year. In addition, the person may be fined not
745	745	10 more than ten thousand dollars ($10,000).
746	746	11 (c) Notwithstanding subsections (a) and (b), if a person has
747	747	12 committed a Class D felony (for a crime committed before July 1,
748	748	13 2014) or a Level 6 felony (for a crime committed after June 30, 2014),
749	749	14 the court may enter judgment of conviction of a Class A misdemeanor
750	750	15 and sentence accordingly. However, the court shall enter a judgment of
751	751	16 conviction of a Class D felony (for a crime committed before July 1,
752	752	17 2014) or a Level 6 felony (for a crime committed after June 30, 2014)
753	753	18 if:
754	754	19 (1) the court finds that:
755	755	20 (A) the person has committed a prior, unrelated felony for
756	756	21 which judgment was entered as a conviction of a Class A
757	757	22 misdemeanor; and
758	758	23 (B) the prior felony was committed less than three (3) years
759	759	24 before the second felony was committed;
760	760	25 (2) the offense is domestic battery as a Class D felony (for a crime
761	761	26 committed before July 1, 2014) or a Level 6 felony (for a crime
762	762	27 committed after June 30, 2014) under IC 35-42-2-1.3; or
763	763	28 (3) the offense is possession of child pornography child sex abuse
764	764	29 material (IC 35-42-4-4(d)).
765	765	30 The court shall enter in the record, in detail, the reason for its action
766	766	31 whenever it exercises the power to enter judgment of conviction of a
767	767	32 Class A misdemeanor granted in this subsection.
768	768	33 (d) Notwithstanding subsections (a) and (b), the sentencing court
769	769	34 may convert a Class D felony conviction (for a crime committed before
770	770	35 July 1, 2014) or a Level 6 felony conviction (for a crime committed
771	771	36 after June 30, 2014) to a Class A misdemeanor conviction if, after
772	772	37 receiving a verified petition as described in subsection (e) and after
773	773	38 conducting a hearing of which the prosecuting attorney has been
774	774	39 notified, the court makes the following findings:
775	775	40 (1) The person is not a sex or violent offender (as defined in
776	776	41 IC 11-8-8-5).
777	777	42 (2) The person was not convicted of a Class D felony (for a crime
778	778	2025 IN 174—LS 6522/DI 92 19
779	779	1 committed before July 1, 2014) or a Level 6 felony (for a crime
780	780	2 committed after June 30, 2014) that resulted in bodily injury to
781	781	3 another person.
782	782	4 (3) The person has not been convicted of perjury under
783	783	5 IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official
784	784	6 misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its
785	785	7 repeal).
786	786	8 (4) The person has not been convicted of domestic battery as a
787	787	9 Class D felony (for a crime committed before July 1, 2014) or a
788	788	10 Level 6 felony (for a crime committed after June 30, 2014) under
789	789	11 IC 35-42-2-1.3 in the fifteen (15) year period immediately
790	790	12 preceding the commission of the current offense.
791	791	13 (5) At least three (3) years have passed since the person:
792	792	14 (A) completed the person's sentence; and
793	793	15 (B) satisfied any other obligation imposed on the person as
794	794	16 part of the sentence;
795	795	17 for the Class D or Level 6 felony.
796	796	18 (6) The person has not been convicted of a felony since the
797	797	19 person:
798	798	20 (A) completed the person's sentence; and
799	799	21 (B) satisfied any other obligation imposed on the person as
800	800	22 part of the sentence;
801	801	23 for the Class D or Level 6 felony.
802	802	24 (7) No criminal charges are pending against the person.
803	803	25 (e) A petition filed under subsection (d) or (f) must be verified and
804	804	26 set forth:
805	805	27 (1) the crime the person has been convicted of;
806	806	28 (2) the date of the conviction;
807	807	29 (3) the date the person completed the person's sentence;
808	808	30 (4) any obligations imposed on the person as part of the sentence;
809	809	31 (5) the date the obligations were satisfied; and
810	810	32 (6) a verified statement that there are no criminal charges pending
811	811	33 against the person.
812	812	34 (f) If a person whose Class D or Level 6 felony conviction has been
813	813	35 converted to a Class A misdemeanor conviction under subsection (d)
814	814	36 is convicted of a felony not later than five (5) years after the conversion
815	815	37 under subsection (d), a prosecuting attorney may petition a court to
816	816	38 convert the person's Class A misdemeanor conviction back to a Class
817	817	39 D felony conviction (for a crime committed before July 1, 2014) or a
818	818	40 Level 6 felony conviction (for a crime committed after June 30, 2014).
819	819	2025 IN 174—LS 6522/DI 92