*ES0326.1*
March 20, 2025
ENGROSSED
SENATE BILL No. 326
_____
DIGEST OF SB 326 (Updated March 19, 2025 12:27 pm - DI 106)
Citations Affected: IC 1-1; IC 10-13; IC 11-8; IC 11-13; IC 35-36;
IC 35-42; IC 35-49; IC 35-50.
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 or DCS about the image or matter depicting the sexual
conduct; and (2) did not duplicate, upload, download, or otherwise
transfer the image or matter. Provides that a governmental entity may
not organize or host an obscene performance or fund an obscene
performance using public funds. Specifies the intent of the general
assembly concerning P.L.115-2023.
Effective: Upon passage; July 1, 2025.
Freeman, Yoder, Bohacek
(HOUSE SPONSOR — IRELAND)
January 13, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
February 6, 2025, amended, reported favorably — Do Pass.
February 10, 2025, read second time, ordered engrossed. Engrossed.
February 11, 2025, read third time, passed. Yeas 48, nays 1.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
March 20, 2025, amended, reported — Do Pass.
ES 326—LS 6732/DI 149 March 20, 2025
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.
ENGROSSED
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 1-1-5.5-25 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 25. (a) The general assembly intends
4 provisions in P.L.115-2023:
5 (1) creating IC 31-30-1-4(d); and
6 (2) modifying IC 31-37-1-2;
7 to be remedial in nature and to cure a defect in the law. The
8 general assembly does not intend these provisions to signify a
9 change in or reversal of policy. The general assembly finds strong
10 and compelling reasons for these provisions to be applied both
11 prospectively and retroactively, so that individuals who commit
12 serious crimes may be held accountable. The general assembly has
13 always intended that there be a court with jurisdiction to conduct
14 proceedings related to the commission of an act defined as a crime
15 in the Indiana Code, regardless of whether that act is classified as
16 a crime or as a delinquent act.
17 (b) The general assembly intends the provisions of P.L.115-2023
ES 326—LS 6732/DI 149 2
1 described in subsection (a) to apply to all cases without regard to
2 whether:
3 (1) the proceedings are initiated; or
4 (2) the juvenile becomes twenty-one (21) years of age;
5 before, on, or after July 1, 2023.
6 SECTION 2. IC 10-13-3-27, AS AMENDED BY P.L.142-2020,
7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 27. (a) Except as provided in subsection (b), on
9 request, a law enforcement agency shall release a limited criminal
10 history to or allow inspection of a limited criminal history by
11 noncriminal justice organizations or individuals only if the subject of
12 the request:
13 (1) has applied for employment with a noncriminal justice
14 organization or individual;
15 (2) has:
16 (A) applied for a license or is maintaining a license; and
17 (B) provided criminal history data as required by law to be
18 provided in connection with the license;
19 (3) is a candidate for public office or a public official;
20 (4) is in the process of being apprehended by a law enforcement
21 agency;
22 (5) is placed under arrest for the alleged commission of a crime;
23 (6) has charged that the subject's rights have been abused
24 repeatedly by criminal justice agencies;
25 (7) is the subject of a judicial decision or determination with
26 respect to the setting of bond, plea bargaining, sentencing, or
27 probation;
28 (8) has volunteered services that involve contact with, care of, or
29 supervision over a child who is being placed, matched, or
30 monitored by a social services agency or a nonprofit corporation;
31 (9) is currently residing in a location designated by the
32 department of child services (established by IC 31-25-1-1) or by
33 a juvenile court as the out-of-home placement for a child at the
34 time the child will reside in the location;
35 (10) has volunteered services at a public school (as defined in
36 IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
37 that involve contact with, care of, or supervision over a student
38 enrolled in the school;
39 (11) is being investigated for welfare fraud by an investigator of
40 the division of family resources or a county office of the division
41 of family resources;
42 (12) is being sought by the parent locator service of the child
ES 326—LS 6732/DI 149 3
1 support bureau of the department of child services;
2 (13) is or was required to register as a sex or violent offender
3 under IC 11-8-8;
4 (14) has been convicted of any of the following:
5 (A) Rape (IC 35-42-4-1), if the victim is less than eighteen
6 (18) years of age.
7 (B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the
8 victim is less than eighteen (18) years of age.
9 (C) Child molesting (IC 35-42-4-3).
10 (D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
11 (E) Possession of child pornography child sex abuse material
12 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
13 (F) Vicarious sexual gratification (IC 35-42-4-5).
14 (G) Child solicitation (IC 35-42-4-6).
15 (H) Child seduction (IC 35-42-4-7).
16 (I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
17 (J) Incest (IC 35-46-1-3), if the victim is less than eighteen
18 (18) years of age;
19 (15) is identified as a possible perpetrator of child abuse or
20 neglect in an assessment conducted by the department of child
21 services under IC 31-33-8; or
22 (16) is:
23 (A) a parent, guardian, or custodian of a child; or
24 (B) an individual who is at least eighteen (18) years of age and
25 resides in the home of the parent, guardian, or custodian;
26 with whom the department of child services or a county probation
27 department has a case plan, dispositional decree, or permanency
28 plan approved under IC 31-34 or IC 31-37 that provides for
29 reunification following an out-of-home placement.
30 However, limited criminal history information obtained from the
31 National Crime Information Center may not be released under this
32 section except to the extent permitted by the Attorney General of the
33 United States.
34 (b) A law enforcement agency shall allow inspection of a limited
35 criminal history by and release a limited criminal history to the
36 following noncriminal justice organizations:
37 (1) Federally chartered or insured banking institutions.
38 (2) Officials of state and local government for any of the
39 following purposes:
40 (A) Employment with a state or local governmental entity.
41 (B) Licensing.
42 (3) Segments of the securities industry identified under 15 U.S.C.
ES 326—LS 6732/DI 149 4
1 78q(f)(2).
2 (c) Any person who knowingly or intentionally uses limited criminal
3 history for any purpose not specified under this section commits a
4 Class C infraction. However, the violation is a Class A misdemeanor
5 if the person has a prior unrelated adjudication or conviction for a
6 violation of this section within the previous five (5) years.
7 SECTION 3. IC 11-8-8-4.5, AS AMENDED BY P.L.115-2023,
8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 4.5. (a) Except as provided in section 22 of this
10 chapter, as used in this chapter, "sex offender" means a person
11 convicted of any of the following offenses:
12 (1) Rape (IC 35-42-4-1).
13 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
14 (3) Child molesting (IC 35-42-4-3).
15 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
16 (5) Vicarious sexual gratification (including performing sexual
17 conduct in the presence of a minor) (IC 35-42-4-5).
18 (6) Child solicitation (IC 35-42-4-6).
19 (7) Child seduction (IC 35-42-4-7).
20 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
21 Class B, or Class C felony (for a crime committed before July 1,
22 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
23 crime committed after June 30, 2014), unless:
24 (A) the person is convicted of sexual misconduct with a minor
25 as a Class C felony (for a crime committed before July 1,
26 2014) or a Level 5 felony (for a crime committed after June
27 30, 2014);
28 (B) the person is not more than:
29 (i) four (4) years older than the victim if the offense was
30 committed after June 30, 2007; or
31 (ii) five (5) years older than the victim if the offense was
32 committed before July 1, 2007; and
33 (C) the sentencing court finds that the person should not be
34 required to register as a sex offender.
35 (9) Incest (IC 35-46-1-3).
36 (10) Sexual battery (IC 35-42-4-8).
37 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
38 (18) years of age, and the person who kidnapped the victim is not
39 the victim's parent or guardian.
40 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
41 than eighteen (18) years of age, and the person who confined or
42 removed the victim is not the victim's parent or guardian.
ES 326—LS 6732/DI 149 5
1 (13) Possession of child pornography child sex abuse material
2 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
3 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
4 (for a crime committed before July 1, 2014) or a Level 4 felony
5 (for a crime committed after June 30, 2014).
6 (15) Promotion of human sexual trafficking under
7 IC 35-42-3.5-1.1.
8 (16) Promotion of child sexual trafficking under
9 IC 35-42-3.5-1.2(a).
10 (17) Promotion of sexual trafficking of a younger child
11 (IC 35-42-3.5-1.2(c)).
12 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
13 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
14 less than eighteen (18) years of age.
15 (20) Sexual misconduct by a service provider with a detained or
16 supervised child (IC 35-44.1-3-10(c)).
17 (b) The term includes:
18 (1) a person who is required to register as a sex offender in any
19 jurisdiction; and
20 (2) a child who has committed a delinquent act, or a person
21 prosecuted under IC 31-30-1-4(d) for an offense described in
22 subsection (a) committed when the person was less than eighteen
23 (18) years of age, but who was at least twenty-one (21) years of
24 age when the charge was filed, and who:
25 (A) is at least fourteen (14) years of age;
26 (B) is on probation, is on parole, is discharged from a facility
27 by the department of correction, is discharged from a secure
28 private facility (as defined in IC 31-9-2-115), or is discharged
29 from a juvenile detention facility as a result of an adjudication
30 as a delinquent child for an act that would be an offense
31 described in subsection (a) if committed by an adult; and
32 (C) is found by a court by clear and convincing evidence to be
33 likely to repeat an act that would be an offense described in
34 subsection (a) if committed by an adult.
35 (c) In making a determination under subsection (b)(2)(C), the court
36 shall consider expert testimony concerning whether a child is likely to
37 repeat an act that would be an offense described in subsection (a) if
38 committed by an adult.
39 (d) A person ordered to register under subsection (b)(2) may
40 petition the court to reconsider the order at any time after completing
41 court ordered sex offender treatment. The court shall consider expert
42 testimony concerning whether a child or person is likely to repeat an
ES 326—LS 6732/DI 149 6
1 offense described in subsection (a) or an act that would be an offense
2 described in subsection (a) if committed by an adult.
3 SECTION 4. IC 11-8-8-5, AS AMENDED BY P.L.115-2023,
4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 5. (a) Except as provided in section 22 of this
6 chapter, as used in this chapter, "sex or violent offender" means a
7 person convicted of any of the following offenses:
8 (1) Rape (IC 35-42-4-1).
9 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
10 (3) Child molesting (IC 35-42-4-3).
11 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
12 (5) Vicarious sexual gratification (including performing sexual
13 conduct in the presence of a minor) (IC 35-42-4-5).
14 (6) Child solicitation (IC 35-42-4-6).
15 (7) Child seduction (IC 35-42-4-7).
16 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
17 Class B, or Class C felony (for a crime committed before July 1,
18 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
19 crime committed after June 30, 2014), unless:
20 (A) the person is convicted of sexual misconduct with a minor
21 as a Class C felony (for a crime committed before July 1,
22 2014) or a Level 5 felony (for a crime committed after June
23 30, 2014);
24 (B) the person is not more than:
25 (i) four (4) years older than the victim if the offense was
26 committed after June 30, 2007; or
27 (ii) five (5) years older than the victim if the offense was
28 committed before July 1, 2007; and
29 (C) the sentencing court finds that the person should not be
30 required to register as a sex offender.
31 (9) Incest (IC 35-46-1-3).
32 (10) Sexual battery (IC 35-42-4-8).
33 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
34 (18) years of age, and the person who kidnapped the victim is not
35 the victim's parent or guardian.
36 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
37 than eighteen (18) years of age, and the person who confined or
38 removed the victim is not the victim's parent or guardian.
39 (13) Possession of child pornography child sex abuse material
40 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
41 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
42 (for a crime committed before July 1, 2014) or a Level 4 felony
ES 326—LS 6732/DI 149 7
1 (for a crime committed after June 30, 2014).
2 (15) Promotion of human sexual trafficking under
3 IC 35-42-3.5-1.1.
4 (16) Promotion of child sexual trafficking under
5 IC 35-42-3.5-1.2(a).
6 (17) Promotion of sexual trafficking of a younger child
7 (IC 35-42-3.5-1.2(c)).
8 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
9 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
10 less than eighteen (18) years of age.
11 (20) Murder (IC 35-42-1-1).
12 (21) Voluntary manslaughter (IC 35-42-1-3).
13 (22) Sexual misconduct by a service provider with a detained or
14 supervised child (IC 35-44.1-3-10(c)).
15 (b) The term includes:
16 (1) a person who is required to register as a sex or violent
17 offender in any jurisdiction; and
18 (2) a child who has committed a delinquent act, or a person
19 prosecuted under IC 31-30-1-4(d) for an offense described in
20 subsection (a) committed when the person was less than eighteen
21 (18) years of age, but who was at least twenty-one (21) years of
22 age when the charge was filed, and who:
23 (A) is at least fourteen (14) years of age;
24 (B) is on probation, is on parole, is discharged from a facility
25 by the department of correction, is discharged from a secure
26 private facility (as defined in IC 31-9-2-115), or is discharged
27 from a juvenile detention facility as a result of an adjudication
28 as a delinquent child for an act that would be an offense
29 described in subsection (a) if committed by an adult; and
30 (C) is found by a court by clear and convincing evidence to be
31 likely to repeat an act that would be an offense described in
32 subsection (a) if committed by an adult.
33 (c) In making a determination under subsection (b)(2)(C), the court
34 shall consider expert testimony concerning whether a child is likely to
35 repeat an act that would be an offense described in subsection (a) if
36 committed by an adult.
37 (d) A person ordered to register under subsection (b)(2) may
38 petition the court to reconsider the order at any time after completing
39 court ordered sex offender treatment. The court shall consider expert
40 testimony concerning whether a child or person is likely to repeat an
41 offense described in subsection (a) or an act that would be an offense
42 described in subsection (a) if committed by an adult.
ES 326—LS 6732/DI 149 8
1 SECTION 5. IC 11-13-3-11, AS AMENDED BY THE
2 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
3 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 11. (a) As used in this section, "Internet crime
5 against a child" means a conviction for a violation of:
6 (1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
7 (2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
8 pornography); child sex abuse material); or
9 (3) IC 35-42-4-6 (child solicitation).
10 (b) When a person is placed on lifetime parole, the department shall
11 provide the parolee with a written statement of the conditions of
12 lifetime parole. The parolee shall sign the statement, retain a copy, and
13 provide a copy to the department. The department shall place the
14 signed statement in the parolee's master file.
15 (c) As a condition of lifetime parole, the parole board shall:
16 (1) require a parolee who is a sexually violent predator (as defined
17 in IC 35-38-1-7.5) to:
18 (A) inform the parolee's parole agent of any changes to the
19 parolee's residence, employment, or contact information not
20 later than seventy-two (72) hours after the change;
21 (B) report to the parole agent as instructed;
22 (C) avoid contact with any person who is less than sixteen (16)
23 years of age, unless the parolee receives written authorization
24 from the parole board; and
25 (D) avoid contact with the victim of any sex crime committed
26 by that parolee, unless the parolee receives written
27 authorization from the parole board;
28 (2) prohibit a parolee who is a sexually violent predator convicted
29 of an Internet crime against a child from:
30 (A) accessing or using certain Internet web sites, websites,
31 chat rooms, or instant messaging programs frequented by
32 children; and
33 (B) deleting, erasing, or tampering with data on the parolee's
34 personal computer;
35 (3) prohibit a parolee who is a sexually violent predator from
36 owning, operating, managing, being employed by, or volunteering
37 at an attraction designed to be primarily enjoyed by a child less
38 than sixteen (16) years of age; and
39 (4) require a parolee to allow the parolee's supervising parole
40 agent or another person authorized by the parole board to visit the
41 parolee's residence, real property, or place of employment.
42 (d) As a condition of lifetime parole, the parole board may require
ES 326—LS 6732/DI 149 9
1 a sexually violent predator to participate in a sex offender treatment
2 program approved by the parole board.
3 (e) As a condition of lifetime parole, the parole board may require
4 a parolee who is:
5 (1) a sexually violent predator; or
6 (2) required to register as a sex or violent offender under
7 IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
8 voluntary manslaughter (IC 35-42-1-3);
9 to wear a monitoring device (as described in IC 35-38-2.5-3) that can
10 transmit information twenty-four (24) hours each day regarding a
11 person's precise location, subject to a validated sex offender risk
12 assessment or appropriate violent offender risk assessment, and subject
13 to the amount appropriated to the department for a monitoring program
14 as a condition of lifetime parole.
15 (f) When an offender is placed on lifetime parole, the parole board
16 shall inform the sheriff and the prosecuting attorney of the offender's
17 current county of residence:
18 (1) that the offender has been placed on lifetime parole; and
19 (2) whether the offender is required to wear a monitoring device
20 as described in subsection (e).
21 (g) The parole board may adopt rules under IC 4-22-2 to impose
22 additional conditions of lifetime parole and to implement this section.
23 SECTION 6. IC 35-36-10-2, AS AMENDED BY P.L.13-2016,
24 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 2. As used in this chapter, "child pornography"
26 "child sex abuse material" includes:
27 (1) material described in IC 35-42-4-4(d); and
28 (2) material defined in 18 U.S.C. 2256(8).
29 SECTION 7. IC 35-36-10-3, AS ADDED BY P.L.148-2011,
30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 3. In any criminal proceeding, material
32 constituting child pornography child sex abuse material must remain
33 in the custody of the state or the court.
34 SECTION 8. IC 35-36-10-4, AS ADDED BY P.L.148-2011,
35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 4. A court shall deny any request by the defendant
37 in a criminal proceeding to copy, photograph, duplicate, or otherwise
38 reproduce any material that constitutes child pornography child sex
39 abuse material if the state provides ample opportunity for inspection,
40 viewing, and examination of the material by:
41 (1) the defendant;
42 (2) the defendant's attorney; and
ES 326—LS 6732/DI 149 10
1 (3) any individual the defendant seeks to qualify as an expert;
2 at a state or local court or law enforcement facility as provided in
3 section 5 of this chapter.
4 SECTION 9. IC 35-36-10-5, AS ADDED BY P.L.148-2011,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 5. (a) A court may permit a defendant to inspect,
7 view, and examine material that constitutes child pornography child
8 sex abuse material at a state or local court or law enforcement facility
9 if the defendant demonstrates that inspecting, viewing, and examining
10 the material is necessary to the defendant's defense.
11 (b) If a court permits a defendant to inspect, view, and examine
12 material that constitutes child pornography, child sex abuse material,
13 the court shall issue a protective order under Indiana Trial Rule 26 with
14 respect to the material. The protective order must:
15 (1) specifically describe which persons may have access to the
16 material, and prohibit any person not described in the order from
17 having access to the material;
18 (2) permit only those persons whose access to the material is
19 necessary for the purposes described in subsection (a) to have
20 access to the material;
21 (3) prohibit the further dissemination of the material; and
22 (4) prohibit the defendant from having direct access to the
23 material.
24 The protective order may include any other provision to safeguard the
25 material.
26 SECTION 10. IC 35-42-4-4, AS AMENDED BY P.L.172-2022,
27 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 4. (a) The following definitions apply throughout
29 this section:
30 (1) "Disseminate" means to transfer possession for free or for a
31 consideration.
32 (2) "Image" means the following:
33 (A) A picture.
34 (B) A drawing.
35 (C) A photograph.
36 (D) A negative image.
37 (E) An undeveloped film.
38 (F) A motion picture.
39 (G) A videotape.
40 (H) A digitized image.
41 (I) A computer generated image.
42 (J) Any pictorial representation.
ES 326—LS 6732/DI 149 11
1 (3) "Matter" has the same meaning as in IC 35-49-1-3.
2 (4) "Performance" has the same meaning as in IC 35-49-1-7.
3 (5) "Sexual conduct" means:
4 (A) sexual intercourse;
5 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
6 (C) exhibition of the:
7 (i) uncovered genitals; or
8 (ii) female breast with less than a fully opaque covering of
9 any part of the nipple;
10 intended to satisfy or arouse the sexual desires of any person;
11 (D) sadomasochistic abuse;
12 (E) sexual intercourse or other sexual conduct (as defined in
13 IC 35-31.5-2-221.5) with an animal; or
14 (F) any fondling or touching of a child by another person or of
15 another person by a child intended to arouse or satisfy the
16 sexual desires of either the child or the other person.
17 (b) A person who:
18 (1) knowingly or intentionally manages, produces, sponsors,
19 presents, exhibits, photographs, films, videotapes, or creates a
20 digitized image of any performance or incident that includes
21 sexual conduct by a child under eighteen (18) years of age;
22 (2) knowingly or intentionally disseminates, exhibits to another
23 person, offers to disseminate or exhibit to another person, or
24 sends or brings into Indiana for dissemination or exhibition matter
25 that depicts or describes sexual conduct by a child under eighteen
26 (18) years of age;
27 (3) knowingly or intentionally makes available to another person
28 a computer, knowing that the computer's fixed drive or peripheral
29 device contains matter that depicts or describes sexual conduct by
30 a child less than eighteen (18) years of age;
31 (4) with the intent to satisfy or arouse the sexual desires of any
32 person:
33 (A) knowingly or intentionally:
34 (i) manages;
35 (ii) produces;
36 (iii) sponsors;
37 (iv) presents;
38 (v) exhibits;
39 (vi) photographs;
40 (vii) films;
41 (viii) videotapes; or
42 (ix) creates a digitized image of;
ES 326—LS 6732/DI 149 12
1 any performance or incident that includes the uncovered
2 genitals of a child less than eighteen (18) years of age or the
3 exhibition of the female breast with less than a fully opaque
4 covering of any part of the nipple by a child less than eighteen
5 (18) years of age;
6 (B) knowingly or intentionally:
7 (i) disseminates to another person;
8 (ii) exhibits to another person;
9 (iii) offers to disseminate or exhibit to another person; or
10 (iv) sends or brings into Indiana for dissemination or
11 exhibition;
12 matter that depicts the uncovered genitals of a child less than
13 eighteen (18) years of age or the exhibition of the female
14 breast with less than a fully opaque covering of any part of the
15 nipple by a child less than eighteen (18) years of age; or
16 (C) makes available to another person a computer, knowing
17 that the computer's fixed drive or peripheral device contains
18 matter that depicts the uncovered genitals of a child less than
19 eighteen (18) years of age or the exhibition of the female
20 breast with less than a fully opaque covering of any part of the
21 nipple by a child less than eighteen (18) years of age; or
22 (5) knowingly or intentionally produces, disseminates, or
23 possesses with intent to disseminate an image that depicts or
24 describes sexual conduct:
25 (A) by a child who the person knows is less than eighteen (18)
26 years of age;
27 (B) by a child less than eighteen (18) years of age, or by a
28 person who appears to be a child less than eighteen (18) years
29 of age, if the image is obscene (as described in IC 35-49-2-1);
30 or
31 (C) that is simulated sexual conduct involving a representation
32 that appears to be a child less than eighteen (18) years of age,
33 if the representation of the image is obscene (as described in
34 IC 35-49-2-1);
35 commits child exploitation, a Level 5 felony. It is not a required
36 element of an offense under subdivision (5)(C) that the child depicted
37 actually exists.
38 (c) However, the offense of child exploitation described in
39 subsection (b) is a Level 4 felony if:
40 (1) the sexual conduct, matter, performance, or incident depicts
41 or describes a child less than eighteen (18) years of age who:
42 (A) engages in bestiality (as described in IC 35-46-3-14);
ES 326—LS 6732/DI 149 13
1 (B) is mentally disabled or deficient;
2 (C) participates in the sexual conduct, matter, performance, or
3 incident by use of force or the threat of force;
4 (D) physically or verbally resists participating in the sexual
5 conduct, matter, performance, or incident;
6 (E) receives a bodily injury while participating in the sexual
7 conduct, matter, performance, or incident; or
8 (F) is less than twelve (12) years of age; or
9 (2) the child less than eighteen (18) years of age:
10 (A) engages in bestiality (as described in IC 35-46-3-14);
11 (B) is mentally disabled or deficient;
12 (C) participates in the sexual conduct, matter, performance, or
13 incident by use of force or the threat of force;
14 (D) physically or verbally resists participating in the sexual
15 conduct, matter, performance, or incident;
16 (E) receives a bodily injury while participating in the sexual
17 conduct, matter, performance, or incident; or
18 (F) is less than twelve (12) years of age.
19 (d) A person who, with intent to view the image, knowingly or
20 intentionally possesses or accesses an image that depicts or describes
21 sexual conduct:
22 (1) by a child who the person knows is less than eighteen (18)
23 years of age;
24 (2) by a child less than eighteen (18) years of age, or by a person
25 who appears to be a child less than eighteen (18) years of age, if
26 the representation of the image is obscene (as described in
27 IC 35-49-2-1); or
28 (3) that is simulated sexual conduct involving a representation
29 that appears to be a child less than eighteen (18) years of age, if
30 the representation of the image is obscene (as described in
31 IC 35-49-2-1);
32 commits possession of child pornography, child sex abuse material,
33 a Level 6 felony. It is not a required element of an offense under
34 subdivision (3) that the child depicted actually exists.
35 (e) However, the offense of possession of child pornography child
36 sex abuse material described in subsection (d) is a Level 5 felony if:
37 (1) the sexual conduct, matter, performance, or incident depicts
38 or describes a child who the person knows is less than eighteen
39 (18) years of age, or who appears to be less than eighteen (18)
40 years of age, who:
41 (A) engages in bestiality (as described in IC 35-46-3-14);
42 (B) is mentally disabled or deficient;
ES 326—LS 6732/DI 149 14
1 (C) participates in the sexual conduct, matter, performance, or
2 incident by use of force or the threat of force;
3 (D) physically or verbally resists participating in the sexual
4 conduct, matter, performance, or incident;
5 (E) receives a bodily injury while participating in the sexual
6 conduct, matter, performance, or incident; or
7 (F) is less than twelve (12) years of age; or
8 (2) the child less than eighteen (18) years of age:
9 (A) engages in bestiality (as described in IC 35-46-3-14);
10 (B) is mentally disabled or deficient;
11 (C) participates in the sexual conduct, matter, performance, or
12 incident by use of force or the threat of force;
13 (D) physically or verbally resists participating in the sexual
14 conduct, matter, performance, or incident;
15 (E) receives a bodily injury while participating in the sexual
16 conduct, matter, performance, or incident; or
17 (F) is less than twelve (12) years of age.
18 (f) Subsections (b), (c), (d), and (e) do not apply to a bona fide
19 school, museum, or public library that qualifies for certain property tax
20 exemptions under IC 6-1.1-10, or to an employee of such a school,
21 museum, or public library acting within the scope of the employee's
22 employment when the possession of the listed materials is for
23 legitimate scientific or educational purposes.
24 (g) It is a defense to a prosecution under this section that:
25 (1) the person is a school employee, a department of child
26 services employee, or an attorney acting in the attorney's capacity
27 as legal counsel for a client; and
28 (2) the acts constituting the elements of the offense were
29 performed solely within the scope of the person's employment as
30 a school employee, a department of child services employee, or
31 an attorney acting in the attorney's capacity as legal counsel for a
32 client;
33 (3) the person immediately notified law enforcement or the
34 department of child services about the image or matter that
35 depicts or describes sexual conduct by a child under eighteen
36 (18) years of age; and
37 (4) the person did not duplicate, upload, download, or
38 otherwise transfer the image or matter.
39 (h) Except as provided in subsection (i), it is a defense to a
40 prosecution under subsection (b), (c), (d), or (e) if all of the following
41 apply:
42 (1) A cellular telephone, another wireless or cellular
ES 326—LS 6732/DI 149 15
1 communications device, or a social networking web site website
2 was used to possess, produce, or disseminate the image.
3 (2) The defendant is not more than four (4) years older or younger
4 than the person who is depicted in the image or who received the
5 image.
6 (3) The relationship between the defendant and the person who
7 received the image or who is depicted in the image was a dating
8 relationship or an ongoing personal relationship. For purposes of
9 this subdivision, the term "ongoing personal relationship" does
10 not include a family relationship.
11 (4) The crime was committed by a person less than twenty-two
12 (22) years of age.
13 (5) The person receiving the image or who is depicted in the
14 image acquiesced in the defendant's conduct.
15 (i) The defense to a prosecution described in subsection (h) does not
16 apply if:
17 (1) the person who receives the image disseminates it to a person
18 other than the person:
19 (A) who sent the image; or
20 (B) who is depicted in the image;
21 (2) the image is of a person other than the person who sent the
22 image or received the image; or
23 (3) the dissemination of the image violates:
24 (A) a protective order to prevent domestic or family violence
25 or harassment issued under IC 34-26-5 (or, if the order
26 involved a family or household member, under IC 34-26-2 or
27 IC 34-4-5.1-5 before their repeal);
28 (B) an ex parte protective order issued under IC 34-26-5 (or,
29 if the order involved a family or household member, an
30 emergency order issued under IC 34-26-2 or IC 34-4-5.1
31 before their repeal);
32 (C) a workplace violence restraining order issued under
33 IC 34-26-6;
34 (D) a no contact order in a dispositional decree issued under
35 IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
36 IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
37 order issued under IC 31-32-13 (or IC 31-6-7-14 before its
38 repeal) that orders the person to refrain from direct or indirect
39 contact with a child in need of services or a delinquent child;
40 (E) a no contact order issued as a condition of pretrial release,
41 including release on bail or personal recognizance, or pretrial
42 diversion, and including a no contact order issued under
ES 326—LS 6732/DI 149 16
1 IC 35-33-8-3.6;
2 (F) a no contact order issued as a condition of probation;
3 (G) a protective order to prevent domestic or family violence
4 issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
5 before their repeal);
6 (H) a protective order to prevent domestic or family violence
7 issued under IC 31-14-16-1 in a paternity action;
8 (I) a no contact order issued under IC 31-34-25 in a child in
9 need of services proceeding or under IC 31-37-25 in a juvenile
10 delinquency proceeding;
11 (J) an order issued in another state that is substantially similar
12 to an order described in clauses (A) through (I);
13 (K) an order that is substantially similar to an order described
14 in clauses (A) through (I) and is issued by an Indian:
15 (i) tribe;
16 (ii) band;
17 (iii) pueblo;
18 (iv) nation; or
19 (v) organized group or community, including an Alaska
20 Native village or regional or village corporation as defined
21 in or established under the Alaska Native Claims Settlement
22 Act (43 U.S.C. 1601 et seq.);
23 that is recognized as eligible for the special programs and
24 services provided by the United States to Indians because of
25 their special status as Indians;
26 (L) an order issued under IC 35-33-8-3.2; or
27 (M) an order issued under IC 35-38-1-30.
28 (j) It is a defense to a prosecution under this section that:
29 (1) the person was less than eighteen (18) years of age at the time
30 the alleged offense was committed; and
31 (2) the circumstances described in IC 35-45-4-6(a)(2) through
32 IC 35-45-4-6(a)(4) apply.
33 (k) A person is entitled to present the defense described in
34 subsection (j) in a pretrial hearing. If a person proves by a
35 preponderance of the evidence in a pretrial hearing that the defense
36 described in subsection (j) applies, the court shall dismiss the charges
37 under this section with prejudice.
38 SECTION 11. IC 35-42-4-14, AS AMENDED BY P.L.142-2020,
39 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 14. (a) As used in this section, "serious sex
41 offender" means a person required to register as a sex offender under
42 IC 11-8-8 who is:
ES 326—LS 6732/DI 149 17
1 (1) found to be a sexually violent predator under IC 35-38-1-7.5;
2 or
3 (2) convicted of one (1) or more of the following offenses:
4 (A) Child molesting (IC 35-42-4-3).
5 (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
6 (C) Possession of child pornography child sex abuse material
7 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
8 (D) Vicarious sexual gratification (IC 35-42-4-5(a) and
9 IC 35-42-4-5(b)).
10 (E) Performing sexual conduct in the presence of a minor
11 (IC 35-42-4-5(c)).
12 (F) Child solicitation (IC 35-42-4-6).
13 (G) Child seduction (IC 35-42-4-7).
14 (H) Sexual misconduct with a minor (IC 35-42-4-9).
15 (b) A serious sex offender who knowingly or intentionally enters
16 school property commits unlawful entry by a serious sex offender, a
17 Level 6 felony.
18 (c) It is a defense to a prosecution under subsection (b) that:
19 (1) a religious institution or house of worship is located on the
20 school property; and
21 (2) the person:
22 (A) enters the school property or other entity described in
23 IC 35-31.5-2-285(1)(A) through IC 35-31.5-2-285(1)(D) when
24 classes, extracurricular activities, or any other school activities
25 are not being held:
26 (i) for the sole purpose of attending worship services or
27 receiving religious instruction; and
28 (ii) not earlier than thirty (30) minutes before the beginning
29 of the worship services or religious instruction; and
30 (B) leaves the school property not later than thirty (30)
31 minutes after the conclusion of the worship services or
32 religious instruction.
33 SECTION 12. IC 35-49-2-2.5 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. A governmental entity may
36 not knowingly or intentionally:
37 (1) organize or host an obscene performance; or
38 (2) fund, in whole or part, an obscene performance with
39 public funds.
40 SECTION 13. IC 35-49-3-3, AS AMENDED BY P.L.234-2023,
41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b) and
ES 326—LS 6732/DI 149 18
1 section 4 of this chapter, a person who knowingly or intentionally:
2 (1) disseminates matter to minors that is harmful to minors (as
3 described in IC 35-49-2);
4 (2) displays matter that is harmful to minors in an area to which
5 minors have visual, auditory, or physical access, unless each
6 minor is accompanied by the minor's parent or guardian;
7 (3) sells, rents, or displays for sale or rent to any person matter
8 that is harmful to minors within five hundred (500) feet of the
9 nearest property line of a school or church;
10 (4) engages in or conducts a performance before minors that is
11 harmful to minors;
12 (5) engages in or conducts a performance that is harmful to
13 minors in an area to which minors have visual, auditory, or
14 physical access, unless each minor is accompanied by the minor's
15 parent or guardian;
16 (6) misrepresents the minor's age for the purpose of obtaining
17 admission to an area from which minors are restricted because of
18 the display of matter or a performance that is harmful to minors;
19 or
20 (7) misrepresents that the person is a parent or guardian of a
21 minor for the purpose of obtaining admission of the minor to an
22 area where minors are being restricted because of display of
23 matter or performance that is harmful to minors;
24 commits a Level 6 felony.
25 (b) This section does not apply if a person disseminates, displays,
26 or makes available the matter described in subsection (a) through the
27 Internet, computer electronic transfer, or a computer network unless:
28 (1) the matter is obscene under IC 35-49-2-1;
29 (2) the matter is child pornography child sex abuse material
30 under IC 35-42-4-4; or
31 (3) the person distributes the matter to a child less than eighteen
32 (18) years of age believing or intending that the recipient is a
33 child less than eighteen (18) years of age.
34 SECTION 14. IC 35-50-2-7, AS AMENDED BY P.L.40-2019,
35 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 7. (a) A person who commits a Class D felony (for
37 a crime committed before July 1, 2014) shall be imprisoned for a fixed
38 term of between six (6) months and three (3) years, with the advisory
39 sentence being one and one-half (1 1/2) years. In addition, the person
40 may be fined not more than ten thousand dollars ($10,000).
41 (b) A person who commits a Level 6 felony (for a crime committed
42 after June 30, 2014) shall be imprisoned for a fixed term of between six
ES 326—LS 6732/DI 149 19
1 (6) months and two and one-half (2 1/2) years, with the advisory
2 sentence being one (1) year. In addition, the person may be fined not
3 more than ten thousand dollars ($10,000).
4 (c) Notwithstanding subsections (a) and (b), if a person has
5 committed a Class D felony (for a crime committed before July 1,
6 2014) or a Level 6 felony (for a crime committed after June 30, 2014),
7 the court may enter judgment of conviction of a Class A misdemeanor
8 and sentence accordingly. However, the court shall enter a judgment of
9 conviction of a Class D felony (for a crime committed before July 1,
10 2014) or a Level 6 felony (for a crime committed after June 30, 2014)
11 if:
12 (1) the court finds that:
13 (A) the person has committed a prior, unrelated felony for
14 which judgment was entered as a conviction of a Class A
15 misdemeanor; and
16 (B) the prior felony was committed less than three (3) years
17 before the second felony was committed;
18 (2) the offense is domestic battery as a Class D felony (for a crime
19 committed before July 1, 2014) or a Level 6 felony (for a crime
20 committed after June 30, 2014) under IC 35-42-2-1.3; or
21 (3) the offense is possession of child pornography child sex abuse
22 material (IC 35-42-4-4(d)).
23 The court shall enter in the record, in detail, the reason for its action
24 whenever it exercises the power to enter judgment of conviction of a
25 Class A misdemeanor granted in this subsection.
26 (d) Notwithstanding subsections (a) and (b), the sentencing court
27 may convert a Class D felony conviction (for a crime committed before
28 July 1, 2014) or a Level 6 felony conviction (for a crime committed
29 after June 30, 2014) to a Class A misdemeanor conviction if, after
30 receiving a verified petition as described in subsection (e) and after
31 conducting a hearing of which the prosecuting attorney has been
32 notified, the court makes the following findings:
33 (1) The person is not a sex or violent offender (as defined in
34 IC 11-8-8-5).
35 (2) The person was not convicted of a Class D felony (for a crime
36 committed before July 1, 2014) or a Level 6 felony (for a crime
37 committed after June 30, 2014) that resulted in bodily injury to
38 another person.
39 (3) The person has not been convicted of perjury under
40 IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official
41 misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its
42 repeal).
ES 326—LS 6732/DI 149 20
1 (4) The person has not been convicted of domestic battery as a
2 Class D felony (for a crime committed before July 1, 2014) or a
3 Level 6 felony (for a crime committed after June 30, 2014) under
4 IC 35-42-2-1.3 in the fifteen (15) year period immediately
5 preceding the commission of the current offense.
6 (5) At least three (3) years have passed since the person:
7 (A) completed the person's sentence; and
8 (B) satisfied any other obligation imposed on the person as
9 part of the sentence;
10 for the Class D or Level 6 felony.
11 (6) The person has not been convicted of a felony since the
12 person:
13 (A) completed the person's sentence; and
14 (B) satisfied any other obligation imposed on the person as
15 part of the sentence;
16 for the Class D or Level 6 felony.
17 (7) No criminal charges are pending against the person.
18 (e) A petition filed under subsection (d) or (f) must be verified and
19 set forth:
20 (1) the crime the person has been convicted of;
21 (2) the date of the conviction;
22 (3) the date the person completed the person's sentence;
23 (4) any obligations imposed on the person as part of the sentence;
24 (5) the date the obligations were satisfied; and
25 (6) a verified statement that there are no criminal charges pending
26 against the person.
27 (f) If a person whose Class D or Level 6 felony conviction has been
28 converted to a Class A misdemeanor conviction under subsection (d)
29 is convicted of a felony not later than five (5) years after the conversion
30 under subsection (d), a prosecuting attorney may petition a court to
31 convert the person's Class A misdemeanor conviction back to a Class
32 D felony conviction (for a crime committed before July 1, 2014) or a
33 Level 6 felony conviction (for a crime committed after June 30, 2014).
34 SECTION 15. An emergency is declared for this act.
ES 326—LS 6732/DI 149 21
COMMITTEE REPORT
Mr. President: The Senate Committee on Corrections and Criminal
Law, to which was referred Senate Bill No. 326, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 14, line 11, after "enforcement" insert "or the department of
child services".
and when so amended that said bill do pass.
(Reference is to SB 326 as introduced.)
FREEMAN, Chairperson
Committee Vote: Yeas 8, Nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred Senate Bill 326, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 1-1-5.5-25 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 25. (a) The general assembly intends
provisions in P.L.115-2023:
(1) creating IC 31-30-1-4(d); and
(2) modifying IC 31-37-1-2;
to be remedial in nature and to cure a defect in the law. The
general assembly does not intend these provisions to signify a
change in or reversal of policy. The general assembly finds strong
and compelling reasons for these provisions to be applied both
prospectively and retroactively, so that individuals who commit
serious crimes may be held accountable. The general assembly has
always intended that there be a court with jurisdiction to conduct
proceedings related to the commission of an act defined as a crime
in the Indiana Code, regardless of whether that act is classified as
a crime or as a delinquent act.
ES 326—LS 6732/DI 149 22
(b) The general assembly intends the provisions of P.L.115-2023
described in subsection (a) to apply to all cases without regard to
whether:
(1) the proceedings are initiated; or
(2) the juvenile becomes twenty-one (21) years of age;
before, on, or after July 1, 2023.".
Page 17, between lines 10 and 11, begin a new paragraph and insert:
"SECTION 12. IC 35-49-2-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 2.5. A governmental entity may
not knowingly or intentionally:
(1) organize or host an obscene performance; or
(2) fund, in whole or part, an obscene performance with
public funds.".
Page 20, after line 4, begin a new paragraph and insert:
"SECTION 14. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 326 as printed February 7, 2025.)
MCNAMARA
Committee Vote: yeas 13, nays 0.
ES 326—LS 6732/DI 149