Introduced Version
SENATE BILL No. 326
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-13-3-27; IC 11-8-8; IC 11-13-3-11;
IC 35-36-10; IC 35-42-4; IC 35-49-3-3; IC 35-50-2-7.
Synopsis: Offenses against children. Replaces the term "child
pornography" with the term "child sex abuse material" throughout the
Indiana Code. Provides that it is a defense to prosecution of child
exploitation and possession of child sex abuse material if a school
employee, department of child services employee, or attorney acting in
the attorney's capacity as legal counsel: (1) immediately notified law
enforcement about the image or matter depicting the sexual conduct;
and (2) did not duplicate, upload, download, or otherwise transfer the
image or matter.
Effective: July 1, 2025.
Freeman
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025 IN 326—LS 6732/DI 149 Introduced
First Regular Session of the 124th General Assembly (2025)
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,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 326
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 10-13-3-27, AS AMENDED BY P.L.142-2020,
2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 27. (a) Except as provided in subsection (b), on
4 request, a law enforcement agency shall release a limited criminal
5 history to or allow inspection of a limited criminal history by
6 noncriminal justice organizations or individuals only if the subject of
7 the request:
8 (1) has applied for employment with a noncriminal justice
9 organization or individual;
10 (2) has:
11 (A) applied for a license or is maintaining a license; and
12 (B) provided criminal history data as required by law to be
13 provided in connection with the license;
14 (3) is a candidate for public office or a public official;
15 (4) is in the process of being apprehended by a law enforcement
16 agency;
17 (5) is placed under arrest for the alleged commission of a crime;
2025 IN 326—LS 6732/DI 149 2
1 (6) has charged that the subject's rights have been abused
2 repeatedly by criminal justice agencies;
3 (7) is the subject of a judicial decision or determination with
4 respect to the setting of bond, plea bargaining, sentencing, or
5 probation;
6 (8) has volunteered services that involve contact with, care of, or
7 supervision over a child who is being placed, matched, or
8 monitored by a social services agency or a nonprofit corporation;
9 (9) is currently residing in a location designated by the
10 department of child services (established by IC 31-25-1-1) or by
11 a juvenile court as the out-of-home placement for a child at the
12 time the child will reside in the location;
13 (10) has volunteered services at a public school (as defined in
14 IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
15 that involve contact with, care of, or supervision over a student
16 enrolled in the school;
17 (11) is being investigated for welfare fraud by an investigator of
18 the division of family resources or a county office of the division
19 of family resources;
20 (12) is being sought by the parent locator service of the child
21 support bureau of the department of child services;
22 (13) is or was required to register as a sex or violent offender
23 under IC 11-8-8;
24 (14) has been convicted of any of the following:
25 (A) Rape (IC 35-42-4-1), if the victim is less than eighteen
26 (18) years of age.
27 (B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the
28 victim is less than eighteen (18) years of age.
29 (C) Child molesting (IC 35-42-4-3).
30 (D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
31 (E) Possession of child pornography child sex abuse material
32 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
33 (F) Vicarious sexual gratification (IC 35-42-4-5).
34 (G) Child solicitation (IC 35-42-4-6).
35 (H) Child seduction (IC 35-42-4-7).
36 (I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
37 (J) Incest (IC 35-46-1-3), if the victim is less than eighteen
38 (18) years of age;
39 (15) is identified as a possible perpetrator of child abuse or
40 neglect in an assessment conducted by the department of child
41 services under IC 31-33-8; or
42 (16) is:
2025 IN 326—LS 6732/DI 149 3
1 (A) a parent, guardian, or custodian of a child; or
2 (B) an individual who is at least eighteen (18) years of age and
3 resides in the home of the parent, guardian, or custodian;
4 with whom the department of child services or a county probation
5 department has a case plan, dispositional decree, or permanency
6 plan approved under IC 31-34 or IC 31-37 that provides for
7 reunification following an out-of-home placement.
8 However, limited criminal history information obtained from the
9 National Crime Information Center may not be released under this
10 section except to the extent permitted by the Attorney General of the
11 United States.
12 (b) A law enforcement agency shall allow inspection of a limited
13 criminal history by and release a limited criminal history to the
14 following noncriminal justice organizations:
15 (1) Federally chartered or insured banking institutions.
16 (2) Officials of state and local government for any of the
17 following purposes:
18 (A) Employment with a state or local governmental entity.
19 (B) Licensing.
20 (3) Segments of the securities industry identified under 15 U.S.C.
21 78q(f)(2).
22 (c) Any person who knowingly or intentionally uses limited criminal
23 history for any purpose not specified under this section commits a
24 Class C infraction. However, the violation is a Class A misdemeanor
25 if the person has a prior unrelated adjudication or conviction for a
26 violation of this section within the previous five (5) years.
27 SECTION 2. IC 11-8-8-4.5, AS AMENDED BY P.L.115-2023,
28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 4.5. (a) Except as provided in section 22 of this
30 chapter, as used in this chapter, "sex offender" means a person
31 convicted of any of the following offenses:
32 (1) Rape (IC 35-42-4-1).
33 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
34 (3) Child molesting (IC 35-42-4-3).
35 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
36 (5) Vicarious sexual gratification (including performing sexual
37 conduct in the presence of a minor) (IC 35-42-4-5).
38 (6) Child solicitation (IC 35-42-4-6).
39 (7) Child seduction (IC 35-42-4-7).
40 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
41 Class B, or Class C felony (for a crime committed before July 1,
42 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
2025 IN 326—LS 6732/DI 149 4
1 crime committed after June 30, 2014), unless:
2 (A) the person is convicted of sexual misconduct with a minor
3 as a Class C felony (for a crime committed before July 1,
4 2014) or a Level 5 felony (for a crime committed after June
5 30, 2014);
6 (B) the person is not more than:
7 (i) four (4) years older than the victim if the offense was
8 committed after June 30, 2007; or
9 (ii) five (5) years older than the victim if the offense was
10 committed before July 1, 2007; and
11 (C) the sentencing court finds that the person should not be
12 required to register as a sex offender.
13 (9) Incest (IC 35-46-1-3).
14 (10) Sexual battery (IC 35-42-4-8).
15 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
16 (18) years of age, and the person who kidnapped the victim is not
17 the victim's parent or guardian.
18 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
19 than eighteen (18) years of age, and the person who confined or
20 removed the victim is not the victim's parent or guardian.
21 (13) Possession of child pornography child sex abuse material
22 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
23 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
24 (for a crime committed before July 1, 2014) or a Level 4 felony
25 (for a crime committed after June 30, 2014).
26 (15) Promotion of human sexual trafficking under
27 IC 35-42-3.5-1.1.
28 (16) Promotion of child sexual trafficking under
29 IC 35-42-3.5-1.2(a).
30 (17) Promotion of sexual trafficking of a younger child (IC
31 35-42-3.5-1.2(c)).
32 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
33 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
34 less than eighteen (18) years of age.
35 (20) Sexual misconduct by a service provider with a detained or
36 supervised child (IC 35-44.1-3-10(c)).
37 (b) The term includes:
38 (1) a person who is required to register as a sex offender in any
39 jurisdiction; and
40 (2) a child who has committed a delinquent act, or a person
41 prosecuted under IC 31-30-1-4(d) for an offense described in
42 subsection (a) committed when the person was less than eighteen
2025 IN 326—LS 6732/DI 149 5
1 (18) years of age, but who was at least twenty-one (21) years of
2 age when the charge was filed, and who:
3 (A) is at least fourteen (14) years of age;
4 (B) is on probation, is on parole, is discharged from a facility
5 by the department of correction, is discharged from a secure
6 private facility (as defined in IC 31-9-2-115), or is discharged
7 from a juvenile detention facility as a result of an adjudication
8 as a delinquent child for an act that would be an offense
9 described in subsection (a) if committed by an adult; and
10 (C) is found by a court by clear and convincing evidence to be
11 likely to repeat an act that would be an offense described in
12 subsection (a) if committed by an adult.
13 (c) In making a determination under subsection (b)(2)(C), the court
14 shall consider expert testimony concerning whether a child is likely to
15 repeat an act that would be an offense described in subsection (a) if
16 committed by an adult.
17 (d) A person ordered to register under subsection (b)(2) may
18 petition the court to reconsider the order at any time after completing
19 court ordered sex offender treatment. The court shall consider expert
20 testimony concerning whether a child or person is likely to repeat an
21 offense described in subsection (a) or an act that would be an offense
22 described in subsection (a) if committed by an adult.
23 SECTION 3. IC 11-8-8-5, AS AMENDED BY P.L.115-2023,
24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 5. (a) Except as provided in section 22 of this
26 chapter, as used in this chapter, "sex or violent offender" means a
27 person convicted of any of the following offenses:
28 (1) Rape (IC 35-42-4-1).
29 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
30 (3) Child molesting (IC 35-42-4-3).
31 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
32 (5) Vicarious sexual gratification (including performing sexual
33 conduct in the presence of a minor) (IC 35-42-4-5).
34 (6) Child solicitation (IC 35-42-4-6).
35 (7) Child seduction (IC 35-42-4-7).
36 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
37 Class B, or Class C felony (for a crime committed before July 1,
38 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
39 crime committed after June 30, 2014), unless:
40 (A) the person is convicted of sexual misconduct with a minor
41 as a Class C felony (for a crime committed before July 1,
42 2014) or a Level 5 felony (for a crime committed after June
2025 IN 326—LS 6732/DI 149 6
1 30, 2014);
2 (B) the person is not more than:
3 (i) four (4) years older than the victim if the offense was
4 committed after June 30, 2007; or
5 (ii) five (5) years older than the victim if the offense was
6 committed before July 1, 2007; and
7 (C) the sentencing court finds that the person should not be
8 required to register as a sex offender.
9 (9) Incest (IC 35-46-1-3).
10 (10) Sexual battery (IC 35-42-4-8).
11 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
12 (18) years of age, and the person who kidnapped the victim is not
13 the victim's parent or guardian.
14 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
15 than eighteen (18) years of age, and the person who confined or
16 removed the victim is not the victim's parent or guardian.
17 (13) Possession of child pornography child sex abuse material
18 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
19 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
20 (for a crime committed before July 1, 2014) or a Level 4 felony
21 (for a crime committed after June 30, 2014).
22 (15) Promotion of human sexual trafficking under
23 IC 35-42-3.5-1.1.
24 (16) Promotion of child sexual trafficking under
25 IC 35-42-3.5-1.2(a).
26 (17) Promotion of sexual trafficking of a younger child (IC
27 35-42-3.5-1.2(c)).
28 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
29 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
30 less than eighteen (18) years of age.
31 (20) Murder (IC 35-42-1-1).
32 (21) Voluntary manslaughter (IC 35-42-1-3).
33 (22) Sexual misconduct by a service provider with a detained or
34 supervised child (IC 35-44.1-3-10(c)).
35 (b) The term includes:
36 (1) a person who is required to register as a sex or violent
37 offender in any jurisdiction; and
38 (2) a child who has committed a delinquent act, or a person
39 prosecuted under IC 31-30-1-4(d) for an offense described in
40 subsection (a) committed when the person was less than eighteen
41 (18) years of age, but who was at least twenty-one (21) years of
42 age when the charge was filed, and who:
2025 IN 326—LS 6732/DI 149 7
1 (A) is at least fourteen (14) years of age;
2 (B) is on probation, is on parole, is discharged from a facility
3 by the department of correction, is discharged from a secure
4 private facility (as defined in IC 31-9-2-115), or is discharged
5 from a juvenile detention facility as a result of an adjudication
6 as a delinquent child for an act that would be an offense
7 described in subsection (a) if committed by an adult; and
8 (C) is found by a court by clear and convincing evidence to be
9 likely to repeat an act that would be an offense described in
10 subsection (a) if committed by an adult.
11 (c) In making a determination under subsection (b)(2)(C), the court
12 shall consider expert testimony concerning whether a child is likely to
13 repeat an act that would be an offense described in subsection (a) if
14 committed by an adult.
15 (d) A person ordered to register under subsection (b)(2) may
16 petition the court to reconsider the order at any time after completing
17 court ordered sex offender treatment. The court shall consider expert
18 testimony concerning whether a child or person is likely to repeat an
19 offense described in subsection (a) or an act that would be an offense
20 described in subsection (a) if committed by an adult.
21 SECTION 4. IC 11-13-3-11, AS AMENDED BY THE
22 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
23 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 11. (a) As used in this section, "Internet crime
25 against a child" means a conviction for a violation of:
26 (1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
27 (2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
28 pornography); child sex abuse material); or
29 (3) IC 35-42-4-6 (child solicitation).
30 (b) When a person is placed on lifetime parole, the department shall
31 provide the parolee with a written statement of the conditions of
32 lifetime parole. The parolee shall sign the statement, retain a copy, and
33 provide a copy to the department. The department shall place the
34 signed statement in the parolee's master file.
35 (c) As a condition of lifetime parole, the parole board shall:
36 (1) require a parolee who is a sexually violent predator (as defined
37 in IC 35-38-1-7.5) to:
38 (A) inform the parolee's parole agent of any changes to the
39 parolee's residence, employment, or contact information not
40 later than seventy-two (72) hours after the change;
41 (B) report to the parole agent as instructed;
42 (C) avoid contact with any person who is less than sixteen (16)
2025 IN 326—LS 6732/DI 149 8
1 years of age, unless the parolee receives written authorization
2 from the parole board; and
3 (D) avoid contact with the victim of any sex crime committed
4 by that parolee, unless the parolee receives written
5 authorization from the parole board;
6 (2) prohibit a parolee who is a sexually violent predator convicted
7 of an Internet crime against a child from:
8 (A) accessing or using certain Internet web sites, websites,
9 chat rooms, or instant messaging programs frequented by
10 children; and
11 (B) deleting, erasing, or tampering with data on the parolee's
12 personal computer;
13 (3) prohibit a parolee who is a sexually violent predator from
14 owning, operating, managing, being employed by, or volunteering
15 at an attraction designed to be primarily enjoyed by a child less
16 than sixteen (16) years of age; and
17 (4) require a parolee to allow the parolee's supervising parole
18 agent or another person authorized by the parole board to visit the
19 parolee's residence, real property, or place of employment.
20 (d) As a condition of lifetime parole, the parole board may require
21 a sexually violent predator to participate in a sex offender treatment
22 program approved by the parole board.
23 (e) As a condition of lifetime parole, the parole board may require
24 a parolee who is:
25 (1) a sexually violent predator; or
26 (2) required to register as a sex or violent offender under
27 IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
28 voluntary manslaughter (IC 35-42-1-3);
29 to wear a monitoring device (as described in IC 35-38-2.5-3) that can
30 transmit information twenty-four (24) hours each day regarding a
31 person's precise location, subject to a validated sex offender risk
32 assessment or appropriate violent offender risk assessment, and subject
33 to the amount appropriated to the department for a monitoring program
34 as a condition of lifetime parole.
35 (f) When an offender is placed on lifetime parole, the parole board
36 shall inform the sheriff and the prosecuting attorney of the offender's
37 current county of residence:
38 (1) that the offender has been placed on lifetime parole; and
39 (2) whether the offender is required to wear a monitoring device
40 as described in subsection (e).
41 (g) The parole board may adopt rules under IC 4-22-2 to impose
42 additional conditions of lifetime parole and to implement this section.
2025 IN 326—LS 6732/DI 149 9
1 SECTION 5. IC 35-36-10-2, AS AMENDED BY P.L.13-2016,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 2. As used in this chapter, "child pornography"
4 "child sex abuse material" includes:
5 (1) material described in IC 35-42-4-4(d); and
6 (2) material defined in 18 U.S.C. 2256(8).
7 SECTION 6. IC 35-36-10-3, AS ADDED BY P.L.148-2011,
8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 3. In any criminal proceeding, material
10 constituting child pornography child sex abuse material must remain
11 in the custody of the state or the court.
12 SECTION 7. IC 35-36-10-4, AS ADDED BY P.L.148-2011,
13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 4. A court shall deny any request by the defendant
15 in a criminal proceeding to copy, photograph, duplicate, or otherwise
16 reproduce any material that constitutes child pornography child sex
17 abuse material if the state provides ample opportunity for inspection,
18 viewing, and examination of the material by:
19 (1) the defendant;
20 (2) the defendant's attorney; and
21 (3) any individual the defendant seeks to qualify as an expert;
22 at a state or local court or law enforcement facility as provided in
23 section 5 of this chapter.
24 SECTION 8. IC 35-36-10-5, AS ADDED BY P.L.148-2011,
25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 5. (a) A court may permit a defendant to inspect,
27 view, and examine material that constitutes child pornography child
28 sex abuse material at a state or local court or law enforcement facility
29 if the defendant demonstrates that inspecting, viewing, and examining
30 the material is necessary to the defendant's defense.
31 (b) If a court permits a defendant to inspect, view, and examine
32 material that constitutes child pornography, child sex abuse material,
33 the court shall issue a protective order under Indiana Trial Rule 26 with
34 respect to the material. The protective order must:
35 (1) specifically describe which persons may have access to the
36 material, and prohibit any person not described in the order from
37 having access to the material;
38 (2) permit only those persons whose access to the material is
39 necessary for the purposes described in subsection (a) to have
40 access to the material;
41 (3) prohibit the further dissemination of the material; and
42 (4) prohibit the defendant from having direct access to the
2025 IN 326—LS 6732/DI 149 10
1 material.
2 The protective order may include any other provision to safeguard the
3 material.
4 SECTION 9. IC 35-42-4-4, AS AMENDED BY P.L.172-2022,
5 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 4. (a) The following definitions apply throughout
7 this section:
8 (1) "Disseminate" means to transfer possession for free or for a
9 consideration.
10 (2) "Image" means the following:
11 (A) A picture.
12 (B) A drawing.
13 (C) A photograph.
14 (D) A negative image.
15 (E) An undeveloped film.
16 (F) A motion picture.
17 (G) A videotape.
18 (H) A digitized image.
19 (I) A computer generated image.
20 (J) Any pictorial representation.
21 (3) "Matter" has the same meaning as in IC 35-49-1-3.
22 (4) "Performance" has the same meaning as in IC 35-49-1-7.
23 (5) "Sexual conduct" means:
24 (A) sexual intercourse;
25 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
26 (C) exhibition of the:
27 (i) uncovered genitals; or
28 (ii) female breast with less than a fully opaque covering of
29 any part of the nipple;
30 intended to satisfy or arouse the sexual desires of any person;
31 (D) sadomasochistic abuse;
32 (E) sexual intercourse or other sexual conduct (as defined in
33 IC 35-31.5-2-221.5) with an animal; or
34 (F) any fondling or touching of a child by another person or of
35 another person by a child intended to arouse or satisfy the
36 sexual desires of either the child or the other person.
37 (b) A person who:
38 (1) knowingly or intentionally manages, produces, sponsors,
39 presents, exhibits, photographs, films, videotapes, or creates a
40 digitized image of any performance or incident that includes
41 sexual conduct by a child under eighteen (18) years of age;
42 (2) knowingly or intentionally disseminates, exhibits to another
2025 IN 326—LS 6732/DI 149 11
1 person, offers to disseminate or exhibit to another person, or
2 sends or brings into Indiana for dissemination or exhibition matter
3 that depicts or describes sexual conduct by a child under eighteen
4 (18) years of age;
5 (3) knowingly or intentionally makes available to another person
6 a computer, knowing that the computer's fixed drive or peripheral
7 device contains matter that depicts or describes sexual conduct by
8 a child less than eighteen (18) years of age;
9 (4) with the intent to satisfy or arouse the sexual desires of any
10 person:
11 (A) knowingly or intentionally:
12 (i) manages;
13 (ii) produces;
14 (iii) sponsors;
15 (iv) presents;
16 (v) exhibits;
17 (vi) photographs;
18 (vii) films;
19 (viii) videotapes; or
20 (ix) creates a digitized image of;
21 any performance or incident that includes the uncovered
22 genitals of a child less than eighteen (18) years of age or the
23 exhibition of the female breast with less than a fully opaque
24 covering of any part of the nipple by a child less than eighteen
25 (18) years of age;
26 (B) knowingly or intentionally:
27 (i) disseminates to another person;
28 (ii) exhibits to another person;
29 (iii) offers to disseminate or exhibit to another person; or
30 (iv) sends or brings into Indiana for dissemination or
31 exhibition;
32 matter that depicts the uncovered genitals of a child less than
33 eighteen (18) years of age or the exhibition of the female
34 breast with less than a fully opaque covering of any part of the
35 nipple by a child less than eighteen (18) years of age; or
36 (C) makes available to another person a computer, knowing
37 that the computer's fixed drive or peripheral device contains
38 matter that depicts the uncovered genitals of a child less than
39 eighteen (18) years of age or the exhibition of the female
40 breast with less than a fully opaque covering of any part of the
41 nipple by a child less than eighteen (18) years of age; or
42 (5) knowingly or intentionally produces, disseminates, or
2025 IN 326—LS 6732/DI 149 12
1 possesses with intent to disseminate an image that depicts or
2 describes sexual conduct:
3 (A) by a child who the person knows is less than eighteen (18)
4 years of age;
5 (B) by a child less than eighteen (18) years of age, or by a
6 person who appears to be a child less than eighteen (18) years
7 of age, if the image is obscene (as described in IC 35-49-2-1);
8 or
9 (C) that is simulated sexual conduct involving a representation
10 that appears to be a child less than eighteen (18) years of age,
11 if the representation of the image is obscene (as described in
12 IC 35-49-2-1);
13 commits child exploitation, a Level 5 felony. It is not a required
14 element of an offense under subdivision (5)(C) that the child depicted
15 actually exists.
16 (c) However, the offense of child exploitation described in
17 subsection (b) is a Level 4 felony if:
18 (1) the sexual conduct, matter, performance, or incident depicts
19 or describes a child less than eighteen (18) years of age who:
20 (A) engages in bestiality (as described in IC 35-46-3-14);
21 (B) is mentally disabled or deficient;
22 (C) participates in the sexual conduct, matter, performance, or
23 incident by use of force or the threat of force;
24 (D) physically or verbally resists participating in the sexual
25 conduct, matter, performance, or incident;
26 (E) receives a bodily injury while participating in the sexual
27 conduct, matter, performance, or incident; or
28 (F) is less than twelve (12) years of age; or
29 (2) the child less than eighteen (18) years of age:
30 (A) engages in bestiality (as described in IC 35-46-3-14);
31 (B) is mentally disabled or deficient;
32 (C) participates in the sexual conduct, matter, performance, or
33 incident by use of force or the threat of force;
34 (D) physically or verbally resists participating in the sexual
35 conduct, matter, performance, or incident;
36 (E) receives a bodily injury while participating in the sexual
37 conduct, matter, performance, or incident; or
38 (F) is less than twelve (12) years of age.
39 (d) A person who, with intent to view the image, knowingly or
40 intentionally possesses or accesses an image that depicts or describes
41 sexual conduct:
42 (1) by a child who the person knows is less than eighteen (18)
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1 years of age;
2 (2) by a child less than eighteen (18) years of age, or by a person
3 who appears to be a child less than eighteen (18) years of age, if
4 the representation of the image is obscene (as described in
5 IC 35-49-2-1); or
6 (3) that is simulated sexual conduct involving a representation
7 that appears to be a child less than eighteen (18) years of age, if
8 the representation of the image is obscene (as described in
9 IC 35-49-2-1);
10 commits possession of child pornography, child sex abuse material,
11 a Level 6 felony. It is not a required element of an offense under
12 subdivision (3) that the child depicted actually exists.
13 (e) However, the offense of possession of child pornography child
14 sex abuse material described in subsection (d) is a Level 5 felony if:
15 (1) the sexual conduct, matter, performance, or incident depicts
16 or describes a child who the person knows is less than eighteen
17 (18) years of age, or who appears to be less than eighteen (18)
18 years of age, who:
19 (A) engages in bestiality (as described in IC 35-46-3-14);
20 (B) is mentally disabled or deficient;
21 (C) participates in the sexual conduct, matter, performance, or
22 incident by use of force or the threat of force;
23 (D) physically or verbally resists participating in the sexual
24 conduct, matter, performance, or incident;
25 (E) receives a bodily injury while participating in the sexual
26 conduct, matter, performance, or incident; or
27 (F) is less than twelve (12) years of age; or
28 (2) the child less than eighteen (18) years of age:
29 (A) engages in bestiality (as described in IC 35-46-3-14);
30 (B) is mentally disabled or deficient;
31 (C) participates in the sexual conduct, matter, performance, or
32 incident by use of force or the threat of force;
33 (D) physically or verbally resists participating in the sexual
34 conduct, matter, performance, or incident;
35 (E) receives a bodily injury while participating in the sexual
36 conduct, matter, performance, or incident; or
37 (F) is less than twelve (12) years of age.
38 (f) Subsections (b), (c), (d), and (e) do not apply to a bona fide
39 school, museum, or public library that qualifies for certain property tax
40 exemptions under IC 6-1.1-10, or to an employee of such a school,
41 museum, or public library acting within the scope of the employee's
42 employment when the possession of the listed materials is for
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1 legitimate scientific or educational purposes.
2 (g) It is a defense to a prosecution under this section that:
3 (1) the person is a school employee, a department of child
4 services employee, or an attorney acting in the attorney's capacity
5 as legal counsel for a client; and
6 (2) the acts constituting the elements of the offense were
7 performed solely within the scope of the person's employment as
8 a school employee, a department of child services employee, or
9 an attorney acting in the attorney's capacity as legal counsel for a
10 client;
11 (3) the person immediately notified law enforcement about the
12 image or matter that depicts or describes sexual conduct by
13 a child under eighteen (18) years of age; and
14 (4) the person did not duplicate, upload, download, or
15 otherwise transfer the image or matter.
16 (h) Except as provided in subsection (i), it is a defense to a
17 prosecution under subsection (b), (c), (d), or (e) if all of the following
18 apply:
19 (1) A cellular telephone, another wireless or cellular
20 communications device, or a social networking web site website
21 was used to possess, produce, or disseminate the image.
22 (2) The defendant is not more than four (4) years older or younger
23 than the person who is depicted in the image or who received the
24 image.
25 (3) The relationship between the defendant and the person who
26 received the image or who is depicted in the image was a dating
27 relationship or an ongoing personal relationship. For purposes of
28 this subdivision, the term "ongoing personal relationship" does
29 not include a family relationship.
30 (4) The crime was committed by a person less than twenty-two
31 (22) years of age.
32 (5) The person receiving the image or who is depicted in the
33 image acquiesced in the defendant's conduct.
34 (i) The defense to a prosecution described in subsection (h) does not
35 apply if:
36 (1) the person who receives the image disseminates it to a person
37 other than the person:
38 (A) who sent the image; or
39 (B) who is depicted in the image;
40 (2) the image is of a person other than the person who sent the
41 image or received the image; or
42 (3) the dissemination of the image violates:
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1 (A) a protective order to prevent domestic or family violence
2 or harassment issued under IC 34-26-5 (or, if the order
3 involved a family or household member, under IC 34-26-2 or
4 IC 34-4-5.1-5 before their repeal);
5 (B) an ex parte protective order issued under IC 34-26-5 (or,
6 if the order involved a family or household member, an
7 emergency order issued under IC 34-26-2 or IC 34-4-5.1
8 before their repeal);
9 (C) a workplace violence restraining order issued under
10 IC 34-26-6;
11 (D) a no contact order in a dispositional decree issued under
12 IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
13 IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
14 order issued under IC 31-32-13 (or IC 31-6-7-14 before its
15 repeal) that orders the person to refrain from direct or indirect
16 contact with a child in need of services or a delinquent child;
17 (E) a no contact order issued as a condition of pretrial release,
18 including release on bail or personal recognizance, or pretrial
19 diversion, and including a no contact order issued under
20 IC 35-33-8-3.6;
21 (F) a no contact order issued as a condition of probation;
22 (G) a protective order to prevent domestic or family violence
23 issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
24 before their repeal);
25 (H) a protective order to prevent domestic or family violence
26 issued under IC 31-14-16-1 in a paternity action;
27 (I) a no contact order issued under IC 31-34-25 in a child in
28 need of services proceeding or under IC 31-37-25 in a juvenile
29 delinquency proceeding;
30 (J) an order issued in another state that is substantially similar
31 to an order described in clauses (A) through (I);
32 (K) an order that is substantially similar to an order described
33 in clauses (A) through (I) and is issued by an Indian:
34 (i) tribe;
35 (ii) band;
36 (iii) pueblo;
37 (iv) nation; or
38 (v) organized group or community, including an Alaska
39 Native village or regional or village corporation as defined
40 in or established under the Alaska Native Claims Settlement
41 Act (43 U.S.C. 1601 et seq.);
42 that is recognized as eligible for the special programs and
2025 IN 326—LS 6732/DI 149 16
1 services provided by the United States to Indians because of
2 their special status as Indians;
3 (L) an order issued under IC 35-33-8-3.2; or
4 (M) an order issued under IC 35-38-1-30.
5 (j) It is a defense to a prosecution under this section that:
6 (1) the person was less than eighteen (18) years of age at the time
7 the alleged offense was committed; and
8 (2) the circumstances described in IC 35-45-4-6(a)(2) through
9 IC 35-45-4-6(a)(4) apply.
10 (k) A person is entitled to present the defense described in
11 subsection (j) in a pretrial hearing. If a person proves by a
12 preponderance of the evidence in a pretrial hearing that the defense
13 described in subsection (j) applies, the court shall dismiss the charges
14 under this section with prejudice.
15 SECTION 10. IC 35-42-4-14, AS AMENDED BY P.L.142-2020,
16 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 14. (a) As used in this section, "serious sex
18 offender" means a person required to register as a sex offender under
19 IC 11-8-8 who is:
20 (1) found to be a sexually violent predator under IC 35-38-1-7.5;
21 or
22 (2) convicted of one (1) or more of the following offenses:
23 (A) Child molesting (IC 35-42-4-3).
24 (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
25 (C) Possession of child pornography child sex abuse material
26 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
27 (D) Vicarious sexual gratification (IC 35-42-4-5(a) and
28 IC 35-42-4-5(b)).
29 (E) Performing sexual conduct in the presence of a minor (IC
30 35-42-4-5(c)).
31 (F) Child solicitation (IC 35-42-4-6).
32 (G) Child seduction (IC 35-42-4-7).
33 (H) Sexual misconduct with a minor (IC 35-42-4-9).
34 (b) A serious sex offender who knowingly or intentionally enters
35 school property commits unlawful entry by a serious sex offender, a
36 Level 6 felony.
37 (c) It is a defense to a prosecution under subsection (b) that:
38 (1) a religious institution or house of worship is located on the
39 school property; and
40 (2) the person:
41 (A) enters the school property or other entity described in
42 IC 35-31.5-2-285(1)(A) through IC 35-31.5-2-285(1)(D) when
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1 classes, extracurricular activities, or any other school activities
2 are not being held:
3 (i) for the sole purpose of attending worship services or
4 receiving religious instruction; and
5 (ii) not earlier than thirty (30) minutes before the beginning
6 of the worship services or religious instruction; and
7 (B) leaves the school property not later than thirty (30)
8 minutes after the conclusion of the worship services or
9 religious instruction.
10 SECTION 11. IC 35-49-3-3, AS AMENDED BY P.L.234-2023,
11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b) and
13 section 4 of this chapter, a person who knowingly or intentionally:
14 (1) disseminates matter to minors that is harmful to minors (as
15 described in IC 35-49-2);
16 (2) displays matter that is harmful to minors in an area to which
17 minors have visual, auditory, or physical access, unless each
18 minor is accompanied by the minor's parent or guardian;
19 (3) sells, rents, or displays for sale or rent to any person matter
20 that is harmful to minors within five hundred (500) feet of the
21 nearest property line of a school or church;
22 (4) engages in or conducts a performance before minors that is
23 harmful to minors;
24 (5) engages in or conducts a performance that is harmful to
25 minors in an area to which minors have visual, auditory, or
26 physical access, unless each minor is accompanied by the minor's
27 parent or guardian;
28 (6) misrepresents the minor's age for the purpose of obtaining
29 admission to an area from which minors are restricted because of
30 the display of matter or a performance that is harmful to minors;
31 or
32 (7) misrepresents that the person is a parent or guardian of a
33 minor for the purpose of obtaining admission of the minor to an
34 area where minors are being restricted because of display of
35 matter or performance that is harmful to minors;
36 commits a Level 6 felony.
37 (b) This section does not apply if a person disseminates, displays,
38 or makes available the matter described in subsection (a) through the
39 Internet, computer electronic transfer, or a computer network unless:
40 (1) the matter is obscene under IC 35-49-2-1;
41 (2) the matter is child pornography child sex abuse material
42 under IC 35-42-4-4; or
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1 (3) the person distributes the matter to a child less than eighteen
2 (18) years of age believing or intending that the recipient is a
3 child less than eighteen (18) years of age.
4 SECTION 12. IC 35-50-2-7, AS AMENDED BY P.L.40-2019,
5 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 7. (a) A person who commits a Class D felony (for
7 a crime committed before July 1, 2014) shall be imprisoned for a fixed
8 term of between six (6) months and three (3) years, with the advisory
9 sentence being one and one-half (1 1/2) years. In addition, the person
10 may be fined not more than ten thousand dollars ($10,000).
11 (b) A person who commits a Level 6 felony (for a crime committed
12 after June 30, 2014) shall be imprisoned for a fixed term of between six
13 (6) months and two and one-half (2 1/2) years, with the advisory
14 sentence being one (1) year. In addition, the person may be fined not
15 more than ten thousand dollars ($10,000).
16 (c) Notwithstanding subsections (a) and (b), if a person has
17 committed a Class D felony (for a crime committed before July 1,
18 2014) or a Level 6 felony (for a crime committed after June 30, 2014),
19 the court may enter judgment of conviction of a Class A misdemeanor
20 and sentence accordingly. However, the court shall enter a judgment of
21 conviction of a Class D felony (for a crime committed before July 1,
22 2014) or a Level 6 felony (for a crime committed after June 30, 2014)
23 if:
24 (1) the court finds that:
25 (A) the person has committed a prior, unrelated felony for
26 which judgment was entered as a conviction of a Class A
27 misdemeanor; and
28 (B) the prior felony was committed less than three (3) years
29 before the second felony was committed;
30 (2) the offense is domestic battery as a Class D felony (for a crime
31 committed before July 1, 2014) or a Level 6 felony (for a crime
32 committed after June 30, 2014) under IC 35-42-2-1.3; or
33 (3) the offense is possession of child pornography child sex abuse
34 material (IC 35-42-4-4(d)).
35 The court shall enter in the record, in detail, the reason for its action
36 whenever it exercises the power to enter judgment of conviction of a
37 Class A misdemeanor granted in this subsection.
38 (d) Notwithstanding subsections (a) and (b), the sentencing court
39 may convert a Class D felony conviction (for a crime committed before
40 July 1, 2014) or a Level 6 felony conviction (for a crime committed
41 after June 30, 2014) to a Class A misdemeanor conviction if, after
42 receiving a verified petition as described in subsection (e) and after
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1 conducting a hearing of which the prosecuting attorney has been
2 notified, the court makes the following findings:
3 (1) The person is not a sex or violent offender (as defined in
4 IC 11-8-8-5).
5 (2) The person was not convicted of a Class D felony (for a crime
6 committed before July 1, 2014) or a Level 6 felony (for a crime
7 committed after June 30, 2014) that resulted in bodily injury to
8 another person.
9 (3) The person has not been convicted of perjury under
10 IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official
11 misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its
12 repeal).
13 (4) The person has not been convicted of domestic battery as a
14 Class D felony (for a crime committed before July 1, 2014) or a
15 Level 6 felony (for a crime committed after June 30, 2014) under
16 IC 35-42-2-1.3 in the fifteen (15) year period immediately
17 preceding the commission of the current offense.
18 (5) At least three (3) years have passed since the person:
19 (A) completed the person's sentence; and
20 (B) satisfied any other obligation imposed on the person as
21 part of the sentence;
22 for the Class D or Level 6 felony.
23 (6) The person has not been convicted of a felony since the
24 person:
25 (A) completed the person's sentence; and
26 (B) satisfied any other obligation imposed on the person as
27 part of the sentence;
28 for the Class D or Level 6 felony.
29 (7) No criminal charges are pending against the person.
30 (e) A petition filed under subsection (d) or (f) must be verified and
31 set forth:
32 (1) the crime the person has been convicted of;
33 (2) the date of the conviction;
34 (3) the date the person completed the person's sentence;
35 (4) any obligations imposed on the person as part of the sentence;
36 (5) the date the obligations were satisfied; and
37 (6) a verified statement that there are no criminal charges pending
38 against the person.
39 (f) If a person whose Class D or Level 6 felony conviction has been
40 converted to a Class A misdemeanor conviction under subsection (d)
41 is convicted of a felony not later than five (5) years after the conversion
42 under subsection (d), a prosecuting attorney may petition a court to
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1 convert the person's Class A misdemeanor conviction back to a Class
2 D felony conviction (for a crime committed before July 1, 2014) or a
3 Level 6 felony conviction (for a crime committed after June 30, 2014).
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