Indiana 2025 Regular Session

Indiana Senate Bill SB0326 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ES0326.2
2		-	Reprinted
3		-	March 28, 2025
	1	+	ES0326.1
	2	+	March 20, 2025
4	3		ENGROSSED
5	4		SENATE BILL No. 326
6	5		_____
7		-	DIGEST OF SB 326 (Updated March 27, 2025 11:~~51 am~~ - DI 106)
	6	+	DIGEST OF SB 326 (Updated March 19, 2025 12:27 pm - DI 106)
8	7		Citations Affected: IC 1-1; IC 10-13; IC 11-8; IC 11-13; IC 35-36;
9	8		IC 35-42; IC 35-49; IC 35-50.
10	9		Synopsis: Offenses against children. Replaces the term "child
11	10		pornography" with the term "child sex abuse material" throughout the
12	11		Indiana Code. Provides that it is a defense to prosecution of child
13	12		exploitation and possession of child sex abuse material if a school
14	13		employee, department of child services employee, or attorney acting in
15		-	the attorney's capacity as legal counsel: (1) promptly and in good faith
16		-	notified law enforcement about the image or matter depicting the
17		-	sexual conduct; and (2) did not duplicate, upload, download, or
18		-	otherwise transfer the image or matter. Provides that a governmental
19		-	entity may not organize or host an obscene performance or fund an
20		-	obscene performance using public funds, and authorizes a person to
21		-	seek injunctive relief as a remedy for a violation. Specifies the intent
22		-	of the general assembly concerning P.L.115-2023.
	14	+	the attorney's capacity as legal counsel: (1) immediately notified law
	15	+	enforcement or DCS about the image or matter depicting the sexual
	16	+	conduct; and (2) did not duplicate, upload, download, or otherwise
	17	+	transfer the image or matter. Provides that a governmental entity may
	18	+	not organize or host an obscene performance or fund an obscene
	19	+	performance using public funds. Specifies the intent of the general
	20	+	assembly concerning P.L.115-2023.
23	21		Effective: Upon passage; July 1, 2025.
24	22		Freeman, Yoder, Bohacek
25		-	(HOUSE ~~SPONSORS~~ — IRELAND~~, BASCOM, BORDERS, CASH~~)
	23	+	(HOUSE SPONSOR — IRELAND)
26	24		January 13, 2025, read first time and referred to Committee on Corrections and Criminal
27	25		Law.
28	26		February 6, 2025, amended, reported favorably — Do Pass.
29	27		February 10, 2025, read second time, ordered engrossed. Engrossed.
30	28		February 11, 2025, read third time, passed. Yeas 48, nays 1.
31	29		HOUSE ACTION
32	30		March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
33	31		March 20, 2025, amended, reported — Do Pass.
34		-	March 27, 2025, read second time, amended, ordered engrossed.
35		-	ES 326—LS 6732/DI 149 Reprinted
36		-	March 28, 2025
	32	+	ES 326—LS 6732/DI 149 March 20, 2025
37	33		First Regular Session of the 124th General Assembly (2025)
38	34		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
39	35		Constitution) is being amended, the text of the existing provision will appear in this style type,
40	36		additions will appear in this style type, and deletions will appear in this style type.
41	37		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
42	38		provision adopted), the text of the new provision will appear in this style type. Also, the
43	39		word NEW will appear in that style type in the introductory clause of each SECTION that adds
44	40		a new provision to the Indiana Code or the Indiana Constitution.
45	41		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
46	42		between statutes enacted by the 2024 Regular Session of the General Assembly.
47	43		ENGROSSED
48	44		SENATE BILL No. 326
49	45		A BILL FOR AN ACT to amend the Indiana Code concerning
50	46		criminal law and procedure.
51	47		Be it enacted by the General Assembly of the State of Indiana:
52	48		1 SECTION 1. IC 1-1-5.5-25 IS ADDED TO THE INDIANA CODE
53	49		2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
54	50		3 UPON PASSAGE]: Sec. 25. (a) The general assembly intends
55	51		4 provisions in P.L.115-2023:
56	52		5 (1) creating IC 31-30-1-4(d); and
57	53		6 (2) modifying IC 31-37-1-2;
58	54		7 to be remedial in nature and to cure a defect in the law. The
59	55		8 general assembly does not intend these provisions to signify a
60	56		9 change in or reversal of policy. The general assembly finds strong
61	57		10 and compelling reasons for these provisions to be applied both
62	58		11 prospectively and retroactively, so that individuals who commit
63	59		12 serious crimes may be held accountable. The general assembly has
64	60		13 always intended that there be a court with jurisdiction to conduct
65	61		14 proceedings related to the commission of an act defined as a crime
66	62		15 in the Indiana Code, regardless of whether that act is classified as
67	63		16 a crime or as a delinquent act.
68	64		17 (b) The general assembly intends the provisions of P.L.115-2023
69	65		ES 326—LS 6732/DI 149 2
70	66		1 described in subsection (a) to apply to all cases without regard to
71	67		2 whether:
72	68		3 (1) the proceedings are initiated; or
73	69		4 (2) the juvenile becomes twenty-one (21) years of age;
74	70		5 before, on, or after July 1, 2023.
75	71		6 SECTION 2. IC 10-13-3-27, AS AMENDED BY P.L.142-2020,
76	72		7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
77	73		8 JULY 1, 2025]: Sec. 27. (a) Except as provided in subsection (b), on
78	74		9 request, a law enforcement agency shall release a limited criminal
79	75		10 history to or allow inspection of a limited criminal history by
80	76		11 noncriminal justice organizations or individuals only if the subject of
81	77		12 the request:
82	78		13 (1) has applied for employment with a noncriminal justice
83	79		14 organization or individual;
84	80		15 (2) has:
85	81		16 (A) applied for a license or is maintaining a license; and
86	82		17 (B) provided criminal history data as required by law to be
87	83		18 provided in connection with the license;
88	84		19 (3) is a candidate for public office or a public official;
89	85		20 (4) is in the process of being apprehended by a law enforcement
90	86		21 agency;
91	87		22 (5) is placed under arrest for the alleged commission of a crime;
92	88		23 (6) has charged that the subject's rights have been abused
93	89		24 repeatedly by criminal justice agencies;
94	90		25 (7) is the subject of a judicial decision or determination with
95	91		26 respect to the setting of bond, plea bargaining, sentencing, or
96	92		27 probation;
97	93		28 (8) has volunteered services that involve contact with, care of, or
98	94		29 supervision over a child who is being placed, matched, or
99	95		30 monitored by a social services agency or a nonprofit corporation;
100	96		31 (9) is currently residing in a location designated by the
101	97		32 department of child services (established by IC 31-25-1-1) or by
102	98		33 a juvenile court as the out-of-home placement for a child at the
103	99		34 time the child will reside in the location;
104	100		35 (10) has volunteered services at a public school (as defined in
105	101		36 IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
106	102		37 that involve contact with, care of, or supervision over a student
107	103		38 enrolled in the school;
108	104		39 (11) is being investigated for welfare fraud by an investigator of
109	105		40 the division of family resources or a county office of the division
110	106		41 of family resources;
111	107		42 (12) is being sought by the parent locator service of the child
112	108		ES 326—LS 6732/DI 149 3
113	109		1 support bureau of the department of child services;
114	110		2 (13) is or was required to register as a sex or violent offender
115	111		3 under IC 11-8-8;
116	112		4 (14) has been convicted of any of the following:
117	113		5 (A) Rape (IC 35-42-4-1), if the victim is less than eighteen
118	114		6 (18) years of age.
119	115		7 (B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the
120	116		8 victim is less than eighteen (18) years of age.
121	117		9 (C) Child molesting (IC 35-42-4-3).
122	118		10 (D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
123	119		11 (E) Possession of child pornography child sex abuse material
124	120		12 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
125	121		13 (F) Vicarious sexual gratification (IC 35-42-4-5).
126	122		14 (G) Child solicitation (IC 35-42-4-6).
127	123		15 (H) Child seduction (IC 35-42-4-7).
128	124		16 (I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
129	125		17 (J) Incest (IC 35-46-1-3), if the victim is less than eighteen
130	126		18 (18) years of age;
131	127		19 (15) is identified as a possible perpetrator of child abuse or
132	128		20 neglect in an assessment conducted by the department of child
133	129		21 services under IC 31-33-8; or
134	130		22 (16) is:
135	131		23 (A) a parent, guardian, or custodian of a child; or
136	132		24 (B) an individual who is at least eighteen (18) years of age and
137	133		25 resides in the home of the parent, guardian, or custodian;
138	134		26 with whom the department of child services or a county probation
139	135		27 department has a case plan, dispositional decree, or permanency
140	136		28 plan approved under IC 31-34 or IC 31-37 that provides for
141	137		29 reunification following an out-of-home placement.
142	138		30 However, limited criminal history information obtained from the
143	139		31 National Crime Information Center may not be released under this
144	140		32 section except to the extent permitted by the Attorney General of the
145	141		33 United States.
146	142		34 (b) A law enforcement agency shall allow inspection of a limited
147	143		35 criminal history by and release a limited criminal history to the
148	144		36 following noncriminal justice organizations:
149	145		37 (1) Federally chartered or insured banking institutions.
150	146		38 (2) Officials of state and local government for any of the
151	147		39 following purposes:
152	148		40 (A) Employment with a state or local governmental entity.
153	149		41 (B) Licensing.
154	150		42 (3) Segments of the securities industry identified under 15 U.S.C.
155	151		ES 326—LS 6732/DI 149 4
156	152		1 78q(f)(2).
157	153		2 (c) Any person who knowingly or intentionally uses limited criminal
158	154		3 history for any purpose not specified under this section commits a
159	155		4 Class C infraction. However, the violation is a Class A misdemeanor
160	156		5 if the person has a prior unrelated adjudication or conviction for a
161	157		6 violation of this section within the previous five (5) years.
162	158		7 SECTION 3. IC 11-8-8-4.5, AS AMENDED BY P.L.115-2023,
163	159		8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
164	160		9 JULY 1, 2025]: Sec. 4.5. (a) Except as provided in section 22 of this
165	161		10 chapter, as used in this chapter, "sex offender" means a person
166	162		11 convicted of any of the following offenses:
167	163		12 (1) Rape (IC 35-42-4-1).
168	164		13 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
169	165		14 (3) Child molesting (IC 35-42-4-3).
170	166		15 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
171	167		16 (5) Vicarious sexual gratification (including performing sexual
172	168		17 conduct in the presence of a minor) (IC 35-42-4-5).
173	169		18 (6) Child solicitation (IC 35-42-4-6).
174	170		19 (7) Child seduction (IC 35-42-4-7).
175	171		20 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
176	172		21 Class B, or Class C felony (for a crime committed before July 1,
177	173		22 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
178	174		23 crime committed after June 30, 2014), unless:
179	175		24 (A) the person is convicted of sexual misconduct with a minor
180	176		25 as a Class C felony (for a crime committed before July 1,
181	177		26 2014) or a Level 5 felony (for a crime committed after June
182	178		27 30, 2014);
183	179		28 (B) the person is not more than:
184	180		29 (i) four (4) years older than the victim if the offense was
185	181		30 committed after June 30, 2007; or
186	182		31 (ii) five (5) years older than the victim if the offense was
187	183		32 committed before July 1, 2007; and
188	184		33 (C) the sentencing court finds that the person should not be
189	185		34 required to register as a sex offender.
190	186		35 (9) Incest (IC 35-46-1-3).
191	187		36 (10) Sexual battery (IC 35-42-4-8).
192	188		37 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
193	189		38 (18) years of age, and the person who kidnapped the victim is not
194	190		39 the victim's parent or guardian.
195	191		40 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
196	192		41 than eighteen (18) years of age, and the person who confined or
197	193		42 removed the victim is not the victim's parent or guardian.
198	194		ES 326—LS 6732/DI 149 5
199	195		1 (13) Possession of child pornography child sex abuse material
200	196		2 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
201	197		3 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
202	198		4 (for a crime committed before July 1, 2014) or a Level 4 felony
203	199		5 (for a crime committed after June 30, 2014).
204	200		6 (15) Promotion of human sexual trafficking under
205	201		7 IC 35-42-3.5-1.1.
206	202		8 (16) Promotion of child sexual trafficking under
207	203		9 IC 35-42-3.5-1.2(a).
208	204		10 (17) Promotion of sexual trafficking of a younger child
209	205		11 (IC 35-42-3.5-1.2(c)).
210	206		12 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
211	207		13 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
212	208		14 less than eighteen (18) years of age.
213	209		15 (20) Sexual misconduct by a service provider with a detained or
214	210		16 supervised child (IC 35-44.1-3-10(c)).
215	211		17 (b) The term includes:
216	212		18 (1) a person who is required to register as a sex offender in any
217	213		19 jurisdiction; and
218	214		20 (2) a child who has committed a delinquent act, or a person
219	215		21 prosecuted under IC 31-30-1-4(d) for an offense described in
220	216		22 subsection (a) committed when the person was less than eighteen
221	217		23 (18) years of age, but who was at least twenty-one (21) years of
222	218		24 age when the charge was filed, and who:
223	219		25 (A) is at least fourteen (14) years of age;
224	220		26 (B) is on probation, is on parole, is discharged from a facility
225	221		27 by the department of correction, is discharged from a secure
226	222		28 private facility (as defined in IC 31-9-2-115), or is discharged
227	223		29 from a juvenile detention facility as a result of an adjudication
228	224		30 as a delinquent child for an act that would be an offense
229	225		31 described in subsection (a) if committed by an adult; and
230	226		32 (C) is found by a court by clear and convincing evidence to be
231	227		33 likely to repeat an act that would be an offense described in
232	228		34 subsection (a) if committed by an adult.
233	229		35 (c) In making a determination under subsection (b)(2)(C), the court
234	230		36 shall consider expert testimony concerning whether a child is likely to
235	231		37 repeat an act that would be an offense described in subsection (a) if
236	232		38 committed by an adult.
237	233		39 (d) A person ordered to register under subsection (b)(2) may
238	234		40 petition the court to reconsider the order at any time after completing
239	235		41 court ordered sex offender treatment. The court shall consider expert
240	236		42 testimony concerning whether a child or person is likely to repeat an
241	237		ES 326—LS 6732/DI 149 6
242	238		1 offense described in subsection (a) or an act that would be an offense
243	239		2 described in subsection (a) if committed by an adult.
244	240		3 SECTION 4. IC 11-8-8-5, AS AMENDED BY P.L.115-2023,
245	241		4 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
246	242		5 JULY 1, 2025]: Sec. 5. (a) Except as provided in section 22 of this
247	243		6 chapter, as used in this chapter, "sex or violent offender" means a
248	244		7 person convicted of any of the following offenses:
249	245		8 (1) Rape (IC 35-42-4-1).
250	246		9 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
251	247		10 (3) Child molesting (IC 35-42-4-3).
252	248		11 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
253	249		12 (5) Vicarious sexual gratification (including performing sexual
254	250		13 conduct in the presence of a minor) (IC 35-42-4-5).
255	251		14 (6) Child solicitation (IC 35-42-4-6).
256	252		15 (7) Child seduction (IC 35-42-4-7).
257	253		16 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
258	254		17 Class B, or Class C felony (for a crime committed before July 1,
259	255		18 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
260	256		19 crime committed after June 30, 2014), unless:
261	257		20 (A) the person is convicted of sexual misconduct with a minor
262	258		21 as a Class C felony (for a crime committed before July 1,
263	259		22 2014) or a Level 5 felony (for a crime committed after June
264	260		23 30, 2014);
265	261		24 (B) the person is not more than:
266	262		25 (i) four (4) years older than the victim if the offense was
267	263		26 committed after June 30, 2007; or
268	264		27 (ii) five (5) years older than the victim if the offense was
269	265		28 committed before July 1, 2007; and
270	266		29 (C) the sentencing court finds that the person should not be
271	267		30 required to register as a sex offender.
272	268		31 (9) Incest (IC 35-46-1-3).
273	269		32 (10) Sexual battery (IC 35-42-4-8).
274	270		33 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
275	271		34 (18) years of age, and the person who kidnapped the victim is not
276	272		35 the victim's parent or guardian.
277	273		36 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
278	274		37 than eighteen (18) years of age, and the person who confined or
279	275		38 removed the victim is not the victim's parent or guardian.
280	276		39 (13) Possession of child pornography child sex abuse material
281	277		40 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
282	278		41 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
283	279		42 (for a crime committed before July 1, 2014) or a Level 4 felony
284	280		ES 326—LS 6732/DI 149 7
285	281		1 (for a crime committed after June 30, 2014).
286	282		2 (15) Promotion of human sexual trafficking under
287	283		3 IC 35-42-3.5-1.1.
288	284		4 (16) Promotion of child sexual trafficking under
289	285		5 IC 35-42-3.5-1.2(a).
290	286		6 (17) Promotion of sexual trafficking of a younger child
291	287		7 (IC 35-42-3.5-1.2(c)).
292	288		8 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
293	289		9 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
294	290		10 less than eighteen (18) years of age.
295	291		11 (20) Murder (IC 35-42-1-1).
296	292		12 (21) Voluntary manslaughter (IC 35-42-1-3).
297	293		13 (22) Sexual misconduct by a service provider with a detained or
298	294		14 supervised child (IC 35-44.1-3-10(c)).
299	295		15 (b) The term includes:
300	296		16 (1) a person who is required to register as a sex or violent
301	297		17 offender in any jurisdiction; and
302	298		18 (2) a child who has committed a delinquent act, or a person
303	299		19 prosecuted under IC 31-30-1-4(d) for an offense described in
304	300		20 subsection (a) committed when the person was less than eighteen
305	301		21 (18) years of age, but who was at least twenty-one (21) years of
306	302		22 age when the charge was filed, and who:
307	303		23 (A) is at least fourteen (14) years of age;
308	304		24 (B) is on probation, is on parole, is discharged from a facility
309	305		25 by the department of correction, is discharged from a secure
310	306		26 private facility (as defined in IC 31-9-2-115), or is discharged
311	307		27 from a juvenile detention facility as a result of an adjudication
312	308		28 as a delinquent child for an act that would be an offense
313	309		29 described in subsection (a) if committed by an adult; and
314	310		30 (C) is found by a court by clear and convincing evidence to be
315	311		31 likely to repeat an act that would be an offense described in
316	312		32 subsection (a) if committed by an adult.
317	313		33 (c) In making a determination under subsection (b)(2)(C), the court
318	314		34 shall consider expert testimony concerning whether a child is likely to
319	315		35 repeat an act that would be an offense described in subsection (a) if
320	316		36 committed by an adult.
321	317		37 (d) A person ordered to register under subsection (b)(2) may
322	318		38 petition the court to reconsider the order at any time after completing
323	319		39 court ordered sex offender treatment. The court shall consider expert
324	320		40 testimony concerning whether a child or person is likely to repeat an
325	321		41 offense described in subsection (a) or an act that would be an offense
326	322		42 described in subsection (a) if committed by an adult.
327	323		ES 326—LS 6732/DI 149 8
328	324		1 SECTION 5. IC 11-13-3-11, AS AMENDED BY THE
329	325		2 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
330	326		3 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
331	327		4 JULY 1, 2025]: Sec. 11. (a) As used in this section, "Internet crime
332	328		5 against a child" means a conviction for a violation of:
333	329		6 (1) IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
334	330		7 (2) IC 35-42-4-4(d) or IC 35-42-4-4(e) (possession of child
335	331		8 pornography); child sex abuse material); or
336	332		9 (3) IC 35-42-4-6 (child solicitation).
337	333		10 (b) When a person is placed on lifetime parole, the department shall
338	334		11 provide the parolee with a written statement of the conditions of
339	335		12 lifetime parole. The parolee shall sign the statement, retain a copy, and
340	336		13 provide a copy to the department. The department shall place the
341	337		14 signed statement in the parolee's master file.
342	338		15 (c) As a condition of lifetime parole, the parole board shall:
343	339		16 (1) require a parolee who is a sexually violent predator (as defined
344	340		17 in IC 35-38-1-7.5) to:
345	341		18 (A) inform the parolee's parole agent of any changes to the
346	342		19 parolee's residence, employment, or contact information not
347	343		20 later than seventy-two (72) hours after the change;
348	344		21 (B) report to the parole agent as instructed;
349	345		22 (C) avoid contact with any person who is less than sixteen (16)
350	346		23 years of age, unless the parolee receives written authorization
351	347		24 from the parole board; and
352	348		25 (D) avoid contact with the victim of any sex crime committed
353	349		26 by that parolee, unless the parolee receives written
354	350		27 authorization from the parole board;
355	351		28 (2) prohibit a parolee who is a sexually violent predator convicted
356	352		29 of an Internet crime against a child from:
357	353		30 (A) accessing or using certain Internet web sites, websites,
358	354		31 chat rooms, or instant messaging programs frequented by
359	355		32 children; and
360	356		33 (B) deleting, erasing, or tampering with data on the parolee's
361	357		34 personal computer;
362	358		35 (3) prohibit a parolee who is a sexually violent predator from
363	359		36 owning, operating, managing, being employed by, or volunteering
364	360		37 at an attraction designed to be primarily enjoyed by a child less
365	361		38 than sixteen (16) years of age; and
366	362		39 (4) require a parolee to allow the parolee's supervising parole
367	363		40 agent or another person authorized by the parole board to visit the
368	364		41 parolee's residence, real property, or place of employment.
369	365		42 (d) As a condition of lifetime parole, the parole board may require
370	366		ES 326—LS 6732/DI 149 9
371	367		1 a sexually violent predator to participate in a sex offender treatment
372	368		2 program approved by the parole board.
373	369		3 (e) As a condition of lifetime parole, the parole board may require
374	370		4 a parolee who is:
375	371		5 (1) a sexually violent predator; or
376	372		6 (2) required to register as a sex or violent offender under
377	373		7 IC 11-8-8-5 due to a conviction for murder (IC 35-42-1-1) or
378	374		8 voluntary manslaughter (IC 35-42-1-3);
379	375		9 to wear a monitoring device (as described in IC 35-38-2.5-3) that can
380	376		10 transmit information twenty-four (24) hours each day regarding a
381	377		11 person's precise location, subject to a validated sex offender risk
382	378		12 assessment or appropriate violent offender risk assessment, and subject
383	379		13 to the amount appropriated to the department for a monitoring program
384	380		14 as a condition of lifetime parole.
385	381		15 (f) When an offender is placed on lifetime parole, the parole board
386	382		16 shall inform the sheriff and the prosecuting attorney of the offender's
387	383		17 current county of residence:
388	384		18 (1) that the offender has been placed on lifetime parole; and
389	385		19 (2) whether the offender is required to wear a monitoring device
390	386		20 as described in subsection (e).
391	387		21 (g) The parole board may adopt rules under IC 4-22-2 to impose
392	388		22 additional conditions of lifetime parole and to implement this section.
393	389		23 SECTION 6. IC 35-36-10-2, AS AMENDED BY P.L.13-2016,
394	390		24 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
395	391		25 JULY 1, 2025]: Sec. 2. As used in this chapter, "child pornography"
396	392		26 "child sex abuse material" includes:
397	393		27 (1) material described in IC 35-42-4-4(d); and
398	394		28 (2) material defined in 18 U.S.C. 2256(8).
399	395		29 SECTION 7. IC 35-36-10-3, AS ADDED BY P.L.148-2011,
400	396		30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
401	397		31 JULY 1, 2025]: Sec. 3. In any criminal proceeding, material
402	398		32 constituting child pornography child sex abuse material must remain
403	399		33 in the custody of the state or the court.
404	400		34 SECTION 8. IC 35-36-10-4, AS ADDED BY P.L.148-2011,
405	401		35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
406	402		36 JULY 1, 2025]: Sec. 4. A court shall deny any request by the defendant
407	403		37 in a criminal proceeding to copy, photograph, duplicate, or otherwise
408	404		38 reproduce any material that constitutes child pornography child sex
409	405		39 abuse material if the state provides ample opportunity for inspection,
410	406		40 viewing, and examination of the material by:
411	407		41 (1) the defendant;
412	408		42 (2) the defendant's attorney; and
413	409		ES 326—LS 6732/DI 149 10
414	410		1 (3) any individual the defendant seeks to qualify as an expert;
415	411		2 at a state or local court or law enforcement facility as provided in
416	412		3 section 5 of this chapter.
417	413		4 SECTION 9. IC 35-36-10-5, AS ADDED BY P.L.148-2011,
418	414		5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
419	415		6 JULY 1, 2025]: Sec. 5. (a) A court may permit a defendant to inspect,
420	416		7 view, and examine material that constitutes child pornography child
421	417		8 sex abuse material at a state or local court or law enforcement facility
422	418		9 if the defendant demonstrates that inspecting, viewing, and examining
423	419		10 the material is necessary to the defendant's defense.
424	420		11 (b) If a court permits a defendant to inspect, view, and examine
425	421		12 material that constitutes child pornography, child sex abuse material,
426	422		13 the court shall issue a protective order under Indiana Trial Rule 26 with
427	423		14 respect to the material. The protective order must:
428	424		15 (1) specifically describe which persons may have access to the
429	425		16 material, and prohibit any person not described in the order from
430	426		17 having access to the material;
431	427		18 (2) permit only those persons whose access to the material is
432	428		19 necessary for the purposes described in subsection (a) to have
433	429		20 access to the material;
434	430		21 (3) prohibit the further dissemination of the material; and
435	431		22 (4) prohibit the defendant from having direct access to the
436	432		23 material.
437	433		24 The protective order may include any other provision to safeguard the
438	434		25 material.
439	435		26 SECTION 10. IC 35-42-4-4, AS AMENDED BY P.L.172-2022,
440	436		27 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
441	437		28 JULY 1, 2025]: Sec. 4. (a) The following definitions apply throughout
442	438		29 this section:
443	439		30 (1) "Disseminate" means to transfer possession for free or for a
444	440		31 consideration.
445	441		32 (2) "Image" means the following:
446	442		33 (A) A picture.
447	443		34 (B) A drawing.
448	444		35 (C) A photograph.
449	445		36 (D) A negative image.
450	446		37 (E) An undeveloped film.
451	447		38 (F) A motion picture.
452	448		39 (G) A videotape.
453	449		40 (H) A digitized image.
454	450		41 (I) A computer generated image.
455	451		42 (J) Any pictorial representation.
456	452		ES 326—LS 6732/DI 149 11
457	453		1 (3) "Matter" has the same meaning as in IC 35-49-1-3.
458	454		2 (4) "Performance" has the same meaning as in IC 35-49-1-7.
459	455		3 (5) "Sexual conduct" means:
460	456		4 (A) sexual intercourse;
461	457		5 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
462	458		6 (C) exhibition of the:
463	459		7 (i) uncovered genitals; or
464	460		8 (ii) female breast with less than a fully opaque covering of
465	461		9 any part of the nipple;
466	462		10 intended to satisfy or arouse the sexual desires of any person;
467	463		11 (D) sadomasochistic abuse;
468	464		12 (E) sexual intercourse or other sexual conduct (as defined in
469	465		13 IC 35-31.5-2-221.5) with an animal; or
470	466		14 (F) any fondling or touching of a child by another person or of
471	467		15 another person by a child intended to arouse or satisfy the
472	468		16 sexual desires of either the child or the other person.
473	469		17 (b) A person who:
474	470		18 (1) knowingly or intentionally manages, produces, sponsors,
475	471		19 presents, exhibits, photographs, films, videotapes, or creates a
476	472		20 digitized image of any performance or incident that includes
477	473		21 sexual conduct by a child under eighteen (18) years of age;
478	474		22 (2) knowingly or intentionally disseminates, exhibits to another
479	475		23 person, offers to disseminate or exhibit to another person, or
480	476		24 sends or brings into Indiana for dissemination or exhibition matter
481	477		25 that depicts or describes sexual conduct by a child under eighteen
482	478		26 (18) years of age;
483	479		27 (3) knowingly or intentionally makes available to another person
484	480		28 a computer, knowing that the computer's fixed drive or peripheral
485	481		29 device contains matter that depicts or describes sexual conduct by
486	482		30 a child less than eighteen (18) years of age;
487	483		31 (4) with the intent to satisfy or arouse the sexual desires of any
488	484		32 person:
489	485		33 (A) knowingly or intentionally:
490	486		34 (i) manages;
491	487		35 (ii) produces;
492	488		36 (iii) sponsors;
493	489		37 (iv) presents;
494	490		38 (v) exhibits;
495	491		39 (vi) photographs;
496	492		40 (vii) films;
497	493		41 (viii) videotapes; or
498	494		42 (ix) creates a digitized image of;
499	495		ES 326—LS 6732/DI 149 12
500	496		1 any performance or incident that includes the uncovered
501	497		2 genitals of a child less than eighteen (18) years of age or the
502	498		3 exhibition of the female breast with less than a fully opaque
503	499		4 covering of any part of the nipple by a child less than eighteen
504	500		5 (18) years of age;
505	501		6 (B) knowingly or intentionally:
506	502		7 (i) disseminates to another person;
507	503		8 (ii) exhibits to another person;
508	504		9 (iii) offers to disseminate or exhibit to another person; or
509	505		10 (iv) sends or brings into Indiana for dissemination or
510	506		11 exhibition;
511	507		12 matter that depicts the uncovered genitals of a child less than
512	508		13 eighteen (18) years of age or the exhibition of the female
513	509		14 breast with less than a fully opaque covering of any part of the
514	510		15 nipple by a child less than eighteen (18) years of age; or
515	511		16 (C) makes available to another person a computer, knowing
516	512		17 that the computer's fixed drive or peripheral device contains
517	513		18 matter that depicts the uncovered genitals of a child less than
518	514		19 eighteen (18) years of age or the exhibition of the female
519	515		20 breast with less than a fully opaque covering of any part of the
520	516		21 nipple by a child less than eighteen (18) years of age; or
521	517		22 (5) knowingly or intentionally produces, disseminates, or
522	518		23 possesses with intent to disseminate an image that depicts or
523	519		24 describes sexual conduct:
524	520		25 (A) by a child who the person knows is less than eighteen (18)
525	521		26 years of age;
526	522		27 (B) by a child less than eighteen (18) years of age, or by a
527	523		28 person who appears to be a child less than eighteen (18) years
528	524		29 of age, if the image is obscene (as described in IC 35-49-2-1);
529	525		30 or
530	526		31 (C) that is simulated sexual conduct involving a representation
531	527		32 that appears to be a child less than eighteen (18) years of age,
532	528		33 if the representation of the image is obscene (as described in
533	529		34 IC 35-49-2-1);
534	530		35 commits child exploitation, a Level 5 felony. It is not a required
535	531		36 element of an offense under subdivision (5)(C) that the child depicted
536	532		37 actually exists.
537	533		38 (c) However, the offense of child exploitation described in
538	534		39 subsection (b) is a Level 4 felony if:
539	535		40 (1) the sexual conduct, matter, performance, or incident depicts
540	536		41 or describes a child less than eighteen (18) years of age who:
541	537		42 (A) engages in bestiality (as described in IC 35-46-3-14);
542	538		ES 326—LS 6732/DI 149 13
543	539		1 (B) is mentally disabled or deficient;
544	540		2 (C) participates in the sexual conduct, matter, performance, or
545	541		3 incident by use of force or the threat of force;
546	542		4 (D) physically or verbally resists participating in the sexual
547	543		5 conduct, matter, performance, or incident;
548	544		6 (E) receives a bodily injury while participating in the sexual
549	545		7 conduct, matter, performance, or incident; or
550	546		8 (F) is less than twelve (12) years of age; or
551	547		9 (2) the child less than eighteen (18) years of age:
552	548		10 (A) engages in bestiality (as described in IC 35-46-3-14);
553	549		11 (B) is mentally disabled or deficient;
554	550		12 (C) participates in the sexual conduct, matter, performance, or
555	551		13 incident by use of force or the threat of force;
556	552		14 (D) physically or verbally resists participating in the sexual
557	553		15 conduct, matter, performance, or incident;
558	554		16 (E) receives a bodily injury while participating in the sexual
559	555		17 conduct, matter, performance, or incident; or
560	556		18 (F) is less than twelve (12) years of age.
561	557		19 (d) A person who, with intent to view the image, knowingly or
562	558		20 intentionally possesses or accesses an image that depicts or describes
563	559		21 sexual conduct:
564	560		22 (1) by a child who the person knows is less than eighteen (18)
565	561		23 years of age;
566	562		24 (2) by a child less than eighteen (18) years of age, or by a person
567	563		25 who appears to be a child less than eighteen (18) years of age, if
568	564		26 the representation of the image is obscene (as described in
569	565		27 IC 35-49-2-1); or
570	566		28 (3) that is simulated sexual conduct involving a representation
571	567		29 that appears to be a child less than eighteen (18) years of age, if
572	568		30 the representation of the image is obscene (as described in
573	569		31 IC 35-49-2-1);
574	570		32 commits possession of child pornography, child sex abuse material,
575	571		33 a Level 6 felony. It is not a required element of an offense under
576	572		34 subdivision (3) that the child depicted actually exists.
577	573		35 (e) However, the offense of possession of child pornography child
578	574		36 sex abuse material described in subsection (d) is a Level 5 felony if:
579	575		37 (1) the sexual conduct, matter, performance, or incident depicts
580	576		38 or describes a child who the person knows is less than eighteen
581	577		39 (18) years of age, or who appears to be less than eighteen (18)
582	578		40 years of age, who:
583	579		41 (A) engages in bestiality (as described in IC 35-46-3-14);
584	580		42 (B) is mentally disabled or deficient;
585	581		ES 326—LS 6732/DI 149 14
586	582		1 (C) participates in the sexual conduct, matter, performance, or
587	583		2 incident by use of force or the threat of force;
588	584		3 (D) physically or verbally resists participating in the sexual
589	585		4 conduct, matter, performance, or incident;
590	586		5 (E) receives a bodily injury while participating in the sexual
591	587		6 conduct, matter, performance, or incident; or
592	588		7 (F) is less than twelve (12) years of age; or
593	589		8 (2) the child less than eighteen (18) years of age:
594	590		9 (A) engages in bestiality (as described in IC 35-46-3-14);
595	591		10 (B) is mentally disabled or deficient;
596	592		11 (C) participates in the sexual conduct, matter, performance, or
597	593		12 incident by use of force or the threat of force;
598	594		13 (D) physically or verbally resists participating in the sexual
599	595		14 conduct, matter, performance, or incident;
600	596		15 (E) receives a bodily injury while participating in the sexual
601	597		16 conduct, matter, performance, or incident; or
602	598		17 (F) is less than twelve (12) years of age.
603	599		18 (f) Subsections (b), (c), (d), and (e) do not apply to a bona fide
604	600		19 school, museum, or public library that qualifies for certain property tax
605	601		20 exemptions under IC 6-1.1-10, or to an employee of such a school,
606	602		21 museum, or public library acting within the scope of the employee's
607	603		22 employment when the possession of the listed materials is for
608	604		23 legitimate scientific or educational purposes.
609	605		24 (g) It is a defense to a prosecution under this section that:
610	606		25 (1) the person is a school employee, a department of child
611	607		26 services employee, or an attorney acting in the attorney's capacity
612	608		27 as legal counsel for a client; and
613	609		28 (2) the acts constituting the elements of the offense were
614	610		29 performed solely within the scope of the person's employment as
615	611		30 a school employee, a department of child services employee, or
616	612		31 an attorney acting in the attorney's capacity as legal counsel for a
617	613		32 client;
618		-	33 (3) the person ~~promptly and in good faith~~ notified law
619		-	34 ~~enforcement~~ about the image or matter that ~~depicts or~~
620		-	35 describes sexual conduct by a child under eighteen ~~(18) years~~
621		-	36 of age; and
	614	+	33 (3) the person immediately notified law enforcement or the
	615	+	34 department of child services about the image or matter that
	616	+	35 depicts or describes sexual conduct by a child under eighteen
	617	+	36 (18) years of age; and
622	618		37 (4) the person did not duplicate, upload, download, or
623	619		38 otherwise transfer the image or matter.
624	620		39 (h) Except as provided in subsection (i), it is a defense to a
625	621		40 prosecution under subsection (b), (c), (d), or (e) if all of the following
626	622		41 apply:
627	623		42 (1) A cellular telephone, another wireless or cellular
628	624		ES 326—LS 6732/DI 149 15
629	625		1 communications device, or a social networking web site website
630	626		2 was used to possess, produce, or disseminate the image.
631	627		3 (2) The defendant is not more than four (4) years older or younger
632	628		4 than the person who is depicted in the image or who received the
633	629		5 image.
634	630		6 (3) The relationship between the defendant and the person who
635	631		7 received the image or who is depicted in the image was a dating
636	632		8 relationship or an ongoing personal relationship. For purposes of
637	633		9 this subdivision, the term "ongoing personal relationship" does
638	634		10 not include a family relationship.
639	635		11 (4) The crime was committed by a person less than twenty-two
640	636		12 (22) years of age.
641	637		13 (5) The person receiving the image or who is depicted in the
642	638		14 image acquiesced in the defendant's conduct.
643	639		15 (i) The defense to a prosecution described in subsection (h) does not
644	640		16 apply if:
645	641		17 (1) the person who receives the image disseminates it to a person
646	642		18 other than the person:
647	643		19 (A) who sent the image; or
648	644		20 (B) who is depicted in the image;
649	645		21 (2) the image is of a person other than the person who sent the
650	646		22 image or received the image; or
651	647		23 (3) the dissemination of the image violates:
652	648		24 (A) a protective order to prevent domestic or family violence
653	649		25 or harassment issued under IC 34-26-5 (or, if the order
654	650		26 involved a family or household member, under IC 34-26-2 or
655	651		27 IC 34-4-5.1-5 before their repeal);
656	652		28 (B) an ex parte protective order issued under IC 34-26-5 (or,
657	653		29 if the order involved a family or household member, an
658	654		30 emergency order issued under IC 34-26-2 or IC 34-4-5.1
659	655		31 before their repeal);
660	656		32 (C) a workplace violence restraining order issued under
661	657		33 IC 34-26-6;
662	658		34 (D) a no contact order in a dispositional decree issued under
663	659		35 IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
664	660		36 IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
665	661		37 order issued under IC 31-32-13 (or IC 31-6-7-14 before its
666	662		38 repeal) that orders the person to refrain from direct or indirect
667	663		39 contact with a child in need of services or a delinquent child;
668	664		40 (E) a no contact order issued as a condition of pretrial release,
669	665		41 including release on bail or personal recognizance, or pretrial
670	666		42 diversion, and including a no contact order issued under
671	667		ES 326—LS 6732/DI 149 16
672	668		1 IC 35-33-8-3.6;
673	669		2 (F) a no contact order issued as a condition of probation;
674	670		3 (G) a protective order to prevent domestic or family violence
675	671		4 issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
676	672		5 before their repeal);
677	673		6 (H) a protective order to prevent domestic or family violence
678	674		7 issued under IC 31-14-16-1 in a paternity action;
679	675		8 (I) a no contact order issued under IC 31-34-25 in a child in
680	676		9 need of services proceeding or under IC 31-37-25 in a juvenile
681	677		10 delinquency proceeding;
682	678		11 (J) an order issued in another state that is substantially similar
683	679		12 to an order described in clauses (A) through (I);
684	680		13 (K) an order that is substantially similar to an order described
685	681		14 in clauses (A) through (I) and is issued by an Indian:
686	682		15 (i) tribe;
687	683		16 (ii) band;
688	684		17 (iii) pueblo;
689	685		18 (iv) nation; or
690	686		19 (v) organized group or community, including an Alaska
691	687		20 Native village or regional or village corporation as defined
692	688		21 in or established under the Alaska Native Claims Settlement
693	689		22 Act (43 U.S.C. 1601 et seq.);
694	690		23 that is recognized as eligible for the special programs and
695	691		24 services provided by the United States to Indians because of
696	692		25 their special status as Indians;
697	693		26 (L) an order issued under IC 35-33-8-3.2; or
698	694		27 (M) an order issued under IC 35-38-1-30.
699	695		28 (j) It is a defense to a prosecution under this section that:
700	696		29 (1) the person was less than eighteen (18) years of age at the time
701	697		30 the alleged offense was committed; and
702	698		31 (2) the circumstances described in IC 35-45-4-6(a)(2) through
703	699		32 IC 35-45-4-6(a)(4) apply.
704	700		33 (k) A person is entitled to present the defense described in
705	701		34 subsection (j) in a pretrial hearing. If a person proves by a
706	702		35 preponderance of the evidence in a pretrial hearing that the defense
707	703		36 described in subsection (j) applies, the court shall dismiss the charges
708	704		37 under this section with prejudice.
709	705		38 SECTION 11. IC 35-42-4-14, AS AMENDED BY P.L.142-2020,
710	706		39 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
711	707		40 JULY 1, 2025]: Sec. 14. (a) As used in this section, "serious sex
712	708		41 offender" means a person required to register as a sex offender under
713	709		42 IC 11-8-8 who is:
714	710		ES 326—LS 6732/DI 149 17
715	711		1 (1) found to be a sexually violent predator under IC 35-38-1-7.5;
716	712		2 or
717	713		3 (2) convicted of one (1) or more of the following offenses:
718	714		4 (A) Child molesting (IC 35-42-4-3).
719	715		5 (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
720	716		6 (C) Possession of child pornography child sex abuse material
721	717		7 (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
722	718		8 (D) Vicarious sexual gratification (IC 35-42-4-5(a) and
723	719		9 IC 35-42-4-5(b)).
724	720		10 (E) Performing sexual conduct in the presence of a minor
725	721		11 (IC 35-42-4-5(c)).
726	722		12 (F) Child solicitation (IC 35-42-4-6).
727	723		13 (G) Child seduction (IC 35-42-4-7).
728	724		14 (H) Sexual misconduct with a minor (IC 35-42-4-9).
729	725		15 (b) A serious sex offender who knowingly or intentionally enters
730	726		16 school property commits unlawful entry by a serious sex offender, a
731	727		17 Level 6 felony.
732	728		18 (c) It is a defense to a prosecution under subsection (b) that:
733	729		19 (1) a religious institution or house of worship is located on the
734	730		20 school property; and
735	731		21 (2) the person:
736	732		22 (A) enters the school property or other entity described in
737	733		23 IC 35-31.5-2-285(1)(A) through IC 35-31.5-2-285(1)(D) when
738	734		24 classes, extracurricular activities, or any other school activities
739	735		25 are not being held:
740	736		26 (i) for the sole purpose of attending worship services or
741	737		27 receiving religious instruction; and
742	738		28 (ii) not earlier than thirty (30) minutes before the beginning
743	739		29 of the worship services or religious instruction; and
744	740		30 (B) leaves the school property not later than thirty (30)
745	741		31 minutes after the conclusion of the worship services or
746	742		32 religious instruction.
747	743		33 SECTION 12. IC 35-49-2-2.5 IS ADDED TO THE INDIANA
748	744		34 CODE AS A NEW SECTION TO READ AS FOLLOWS
749	745		35 [EFFECTIVE JULY 1, 2025]: Sec. 2.5. A governmental entity may
750	746		36 not knowingly or intentionally:
751	747		37 (1) organize or host an obscene performance; or
752	748		38 (2) fund, in whole or part, an obscene performance with
753	749		39 public funds.
754		-	40 SECTION 13. IC 35-49-~~2-2~~.~~6 IS ADDED TO THE INDIANA~~
755		-	41 ~~CODE AS A NEW SECTION~~ TO READ AS FOLLOWS
756		-	42 ~~[EFFECTIVE~~ JULY 1, 2025]: Sec. ~~2.6~~. (a) ~~If a governmental entity~~
	750	+	40 SECTION 13. IC 35-49-3-3, AS AMENDED BY P.L.234-2023,
	751	+	41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	752	+	42 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b) and
757	753		ES 326—LS 6732/DI 149 18
758		-	1 ~~organizes~~, ~~hosts,~~ or ~~funds an obscene performance in violation of~~
759		-	2 ~~section 2.5 of this chapter, any person may bring an action~~ to ~~seek~~
760		-	3 ~~injunctive relief.~~
761		-	4 (b) ~~A person who brings~~ an ~~action for injunctive relief under~~
762		-	5 ~~this section and prevails is entitled to:~~
763		-	6 ~~(1) injunctive relief~~; ~~and~~
764		-	7 (2) ~~court costs~~, ~~reasonable attorney's fees~~, ~~and other~~
765		-	8 ~~reasonable expenses~~ of ~~litigation.~~
766		-	9 ~~SECTION 14.~~ ~~IC 35-49-3-3, AS AMENDED BY P.L.234-2023,~~
767		-	10 ~~SECTION 5,~~ IS ~~AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
768		-	11 ~~JULY 1,~~ ~~2025]: Sec. 3. (a) Except as provided in subsection (b) and~~
769		-	12 ~~section 4 of this chapter,~~ a ~~person who knowingly or intentionally:~~
770		-	13 ~~(1) disseminates matter~~ to ~~minors that is harmful to~~ minors ~~(as~~
771		-	14 ~~described in IC 35-49-2);~~
772		-	15 ~~(2) displays matter that is harmful to minors in an area to which~~
773		-	16 ~~minors have visual,~~ ~~auditory, or physical access,~~ ~~unless each~~
774		-	17 ~~minor is accompanied by the minor's parent or guardian;~~
775		-	18 ~~(3) sells,~~ ~~rents,~~ or ~~displays for sale or rent~~ to ~~any person matter~~
776		-	19 ~~that is harmful to minors within five hundred (500) feet of the~~
777		-	20 ~~nearest property line~~ of a ~~school or church;~~
778		-	21 ~~(4) engages in or conducts a performance before minors that is~~
779		-	22 ~~harmful to~~ minors;
780		-	23 ~~(5) engages in~~ or ~~conducts a~~ performance that is harmful to
781		-	24 ~~minors in an area to which minors have visual, auditory, or~~
782		-	25 ~~physical access~~, ~~unless each minor is accompanied by the minor's~~
783		-	26 ~~parent~~ or ~~guardian;~~
784		-	27 ~~(6) misrepresents the minor's age for the purpose of obtaining~~
785		-	28 ~~admission to an area from which minors are restricted because of~~
786		-	29 the ~~display of~~ matter ~~or a performance that~~ is ~~harmful to minors;~~
787		-	30 or
788		-	31 (7) ~~misrepresents that~~ the person is a ~~parent or guardian of a~~
789		-	32 ~~minor for~~ the ~~purpose of obtaining admission of the minor to an~~
790		-	33 ~~area where minors are being restricted because~~ of ~~display of~~
791		-	34 ~~matter or performance that is harmful to minors;~~
792		-	35 ~~commits a Level 6 felony.~~
793		-	36 (b) ~~This section does not apply if~~ a person ~~disseminates, displays,~~
794		-	37 ~~or makes available the matter described in subsection (a~~) ~~through the~~
795		-	38 ~~Internet~~, ~~computer electronic transfer, or a computer network unless:~~
796		-	39 (1) the ~~matter is obscene under IC 35-49-2-1;~~
797		-	40 (2) ~~the matter is child pornography child sex abuse material~~
798		-	41 ~~under IC 35-42-4-4; or~~
799		-	42 (3) ~~the person distributes the matter to~~ a ~~child less than eighteen~~
	754	+	1 section 4 of this chapter, a person who knowingly or intentionally:
	755	+	2 (1) disseminates matter to minors that is harmful to minors (as
	756	+	3 described in IC 35-49-2);
	757	+	4 (2) displays matter that is harmful to minors in an area to which
	758	+	5 minors have visual, auditory, or physical access, unless each
	759	+	6 minor is accompanied by the minor's parent or guardian;
	760	+	7 (3) sells, rents, or displays for sale or rent to any person matter
	761	+	8 that is harmful to minors within five hundred (500) feet of the
	762	+	9 nearest property line of a school or church;
	763	+	10 (4) engages in or conducts a performance before minors that is
	764	+	11 harmful to minors;
	765	+	12 (5) engages in or conducts a performance that is harmful to
	766	+	13 minors in an area to which minors have visual, auditory, or
	767	+	14 physical access, unless each minor is accompanied by the minor's
	768	+	15 parent or guardian;
	769	+	16 (6) misrepresents the minor's age for the purpose of obtaining
	770	+	17 admission to an area from which minors are restricted because of
	771	+	18 the display of matter or a performance that is harmful to minors;
	772	+	19 or
	773	+	20 (7) misrepresents that the person is a parent or guardian of a
	774	+	21 minor for the purpose of obtaining admission of the minor to an
	775	+	22 area where minors are being restricted because of display of
	776	+	23 matter or performance that is harmful to minors;
	777	+	24 commits a Level 6 felony.
	778	+	25 (b) This section does not apply if a person disseminates, displays,
	779	+	26 or makes available the matter described in subsection (a) through the
	780	+	27 Internet, computer electronic transfer, or a computer network unless:
	781	+	28 (1) the matter is obscene under IC 35-49-2-1;
	782	+	29 (2) the matter is child pornography child sex abuse material
	783	+	30 under IC 35-42-4-4; or
	784	+	31 (3) the person distributes the matter to a child less than eighteen
	785	+	32 (18) years of age believing or intending that the recipient is a
	786	+	33 child less than eighteen (18) years of age.
	787	+	34 SECTION 14. IC 35-50-2-7, AS AMENDED BY P.L.40-2019,
	788	+	35 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	789	+	36 JULY 1, 2025]: Sec. 7. (a) A person who commits a Class D felony (for
	790	+	37 a crime committed before July 1, 2014) shall be imprisoned for a fixed
	791	+	38 term of between six (6) months and three (3) years, with the advisory
	792	+	39 sentence being one and one-half (1 1/2) years. In addition, the person
	793	+	40 may be fined not more than ten thousand dollars ($10,000).
	794	+	41 (b) A person who commits a Level 6 felony (for a crime committed
	795	+	42 after June 30, 2014) shall be imprisoned for a fixed term of between six
800	796		ES 326—LS 6732/DI 149 19
801		-	1 (18) years ~~of age believing or intending that~~ the ~~recipient is a~~
802		-	2 ~~child less than eighteen~~ (18) ~~years of age.~~
803		-	3 ~~SECTION 15~~. ~~IC 35-50-2-7, AS AMENDED BY P.L.40-2019,~~
804		-	4 ~~SECTION 14~~, ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
805		-	5 ~~JULY 1, 2025]: Sec. 7. (a) A person who commits~~ a Class D felony (for
806		-	6 a crime committed ~~before July 1~~, 2014) ~~shall be imprisoned for a fixed~~
807		-	7 ~~term~~ of ~~between six (6) months and three (3) years, with the advisory~~
808		-	8 sentence ~~being one and one-half (1 1/2) years~~. ~~In addition~~, the ~~person~~
809		-	9 ~~may be fined not more than ten thousand dollars~~ (~~$10~~,~~000).~~
810		-	10 (b) ~~A person who commits~~ a Level 6 felony (for a crime committed
811		-	11 ~~after June 30, 2014) shall be imprisoned for a fixed term of between six~~
812		-	12 (6) ~~months and two and one-half (2 1/2) years, with~~ the ~~advisory~~
813		-	13 ~~sentence being one~~ (1) ~~year. In addition,~~ the person ~~may be fined not~~
814		-	14 ~~more than ten thousand dollars ($10,000).~~
815		-	15 ~~(c) Notwithstanding subsections (a)~~ and ~~(b), if a person has~~
816		-	16 committed ~~a Class D felony~~ (~~for a crime committed before July 1,~~
817		-	17 ~~2014) or a Level 6~~ felony ~~(for a crime~~ committed ~~after June 30, 2014),~~
818		-	18 the ~~court may enter judgment of conviction of~~ a Class A ~~misdemeanor~~
819		-	19 ~~and sentence accordingly.~~ ~~However~~, ~~the court shall enter~~ a ~~judgment of~~
820		-	20 ~~conviction of a Class D felony (for a crime~~ committed ~~before July~~ 1,
821		-	21 ~~2014~~) ~~or a Level 6 felony (for~~ ~~a crime committed after June 30, 2014)~~
822		-	22 ~~if:~~
823		-	23 ~~(1)~~ the court ~~finds that:~~
824		-	24 ~~(A)~~ the ~~person has committed~~ a ~~prior, unrelated felony for~~
825		-	25 ~~which judgment was entered as a conviction of a~~ Class A
826		-	26 ~~misdemeanor;~~ and
827		-	27 ~~(B) the prior~~ felony ~~was~~ committed ~~less than three (3) years~~
828		-	28 ~~before the second~~ felony ~~was~~ committed;
829		-	29 (2) ~~the offense is domestic battery as~~ a Class ~~D felony (for~~ a ~~crime~~
830		-	30 ~~committed before July 1, 2014) or~~ a ~~Level 6 felony~~ (~~for a crime~~
831		-	31 ~~committed after June 30,~~ ~~2014) under IC 35-42-2-1.3; or~~
832		-	32 ~~(3)~~ the ~~offense is possession of child pornography child sex abuse~~
833		-	33 ~~material~~ (~~IC 35-42-4-4(d)).~~
834		-	34 ~~The court shall enter in the record, in detail, the reason for its action~~
835		-	35 ~~whenever it exercises~~ the ~~power to enter judgment of conviction~~ of a
836		-	36 ~~Class~~ A ~~misdemeanor granted in this subsection.~~
837		-	37 (d) ~~Notwithstanding subsections (a) and (b), the sentencing court~~
838		-	38 ~~may convert a Class D felony conviction (for a crime committed before~~
839		-	39 ~~July 1, 2014~~) ~~or a Level 6 felony conviction (for~~ ~~a crime committed~~
840		-	40 ~~after June 30,~~ ~~2014~~) ~~to a Class A misdemeanor conviction if, after~~
841		-	41 ~~receiving a verified petition as described in subsection~~ (~~e) and after~~
842		-	42 ~~conducting a hearing of which the prosecuting attorney has been~~
	797	+	1 (6) months and two and one-half (2 1/2) years, with the advisory
	798	+	2 sentence being one (1) year. In addition, the person may be fined not
	799	+	3 more than ten thousand dollars ($10,000).
	800	+	4 (c) Notwithstanding subsections (a) and (b), if a person has
	801	+	5 committed a Class D felony (for a crime committed before July 1,
	802	+	6 2014) or a Level 6 felony (for a crime committed after June 30, 2014),
	803	+	7 the court may enter judgment of conviction of a Class A misdemeanor
	804	+	8 and sentence accordingly. However, the court shall enter a judgment of
	805	+	9 conviction of a Class D felony (for a crime committed before July 1,
	806	+	10 2014) or a Level 6 felony (for a crime committed after June 30, 2014)
	807	+	11 if:
	808	+	12 (1) the court finds that:
	809	+	13 (A) the person has committed a prior, unrelated felony for
	810	+	14 which judgment was entered as a conviction of a Class A
	811	+	15 misdemeanor; and
	812	+	16 (B) the prior felony was committed less than three (3) years
	813	+	17 before the second felony was committed;
	814	+	18 (2) the offense is domestic battery as a Class D felony (for a crime
	815	+	19 committed before July 1, 2014) or a Level 6 felony (for a crime
	816	+	20 committed after June 30, 2014) under IC 35-42-2-1.3; or
	817	+	21 (3) the offense is possession of child pornography child sex abuse
	818	+	22 material (IC 35-42-4-4(d)).
	819	+	23 The court shall enter in the record, in detail, the reason for its action
	820	+	24 whenever it exercises the power to enter judgment of conviction of a
	821	+	25 Class A misdemeanor granted in this subsection.
	822	+	26 (d) Notwithstanding subsections (a) and (b), the sentencing court
	823	+	27 may convert a Class D felony conviction (for a crime committed before
	824	+	28 July 1, 2014) or a Level 6 felony conviction (for a crime committed
	825	+	29 after June 30, 2014) to a Class A misdemeanor conviction if, after
	826	+	30 receiving a verified petition as described in subsection (e) and after
	827	+	31 conducting a hearing of which the prosecuting attorney has been
	828	+	32 notified, the court makes the following findings:
	829	+	33 (1) The person is not a sex or violent offender (as defined in
	830	+	34 IC 11-8-8-5).
	831	+	35 (2) The person was not convicted of a Class D felony (for a crime
	832	+	36 committed before July 1, 2014) or a Level 6 felony (for a crime
	833	+	37 committed after June 30, 2014) that resulted in bodily injury to
	834	+	38 another person.
	835	+	39 (3) The person has not been convicted of perjury under
	836	+	40 IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official
	837	+	41 misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its
	838	+	42 repeal).
843	839		ES 326—LS 6732/DI 149 20
844		-	1 notified, the court makes the following findings:
845		-	2 (1) The person is not a sex or violent offender (as defined in
846		-	3 IC 11-8-8-5).
847		-	4 (2) The person was not convicted of a Class D felony (for a crime
848		-	5 committed before July 1, 2014) or a Level 6 felony (for a crime
849		-	6 committed after June 30, 2014) that resulted in bodily injury to
850		-	7 another person.
851		-	8 (3) The person has not been convicted of perjury under
852		-	9 IC 35-44.1-2-1 (or IC 35-44-2-1 before its repeal) or official
853		-	10 misconduct under IC 35-44.1-1-1 (or IC 35-44-1-2 before its
854		-	11 repeal).
855		-	12 (4) The person has not been convicted of domestic battery as a
856		-	13 Class D felony (for a crime committed before July 1, 2014) or a
857		-	14 Level 6 felony (for a crime committed after June 30, 2014) under
858		-	15 IC 35-42-2-1.3 in the fifteen (15) year period immediately
859		-	16 preceding the commission of the current offense.
860		-	17 (5) At least three (3) years have passed since the person:
861		-	18 (A) completed the person's sentence; and
862		-	19 (B) satisfied any other obligation imposed on the person as
863		-	20 part of the sentence;
864		-	21 for the Class D or Level 6 felony.
865		-	22 (6) The person has not been convicted of a felony since the
866		-	23 person:
867		-	24 (A) completed the person's sentence; and
868		-	25 (B) satisfied any other obligation imposed on the person as
869		-	26 part of the sentence;
870		-	27 for the Class D or Level 6 felony.
871		-	28 (7) No criminal charges are pending against the person.
872		-	29 (e) A petition filed under subsection (d) or (f) must be verified and
873		-	30 set forth:
874		-	31 (1) the crime the person has been convicted of;
875		-	32 (2) the date of the conviction;
876		-	33 (3) the date the person completed the person's sentence;
877		-	34 (4) any obligations imposed on the person as part of the sentence;
878		-	35 (5) the date the obligations were satisfied; and
879		-	36 (6) a verified statement that there are no criminal charges pending
880		-	37 against the person.
881		-	38 (f) If a person whose Class D or Level 6 felony conviction has been
882		-	39 converted to a Class A misdemeanor conviction under subsection (d)
883		-	40 is convicted of a felony not later than five (5) years after the conversion
884		-	41 under subsection (d), a prosecuting attorney may petition a court to
885		-	42 convert the person's Class A misdemeanor conviction back to a Class
	840	+	1 (4) The person has not been convicted of domestic battery as a
	841	+	2 Class D felony (for a crime committed before July 1, 2014) or a
	842	+	3 Level 6 felony (for a crime committed after June 30, 2014) under
	843	+	4 IC 35-42-2-1.3 in the fifteen (15) year period immediately
	844	+	5 preceding the commission of the current offense.
	845	+	6 (5) At least three (3) years have passed since the person:
	846	+	7 (A) completed the person's sentence; and
	847	+	8 (B) satisfied any other obligation imposed on the person as
	848	+	9 part of the sentence;
	849	+	10 for the Class D or Level 6 felony.
	850	+	11 (6) The person has not been convicted of a felony since the
	851	+	12 person:
	852	+	13 (A) completed the person's sentence; and
	853	+	14 (B) satisfied any other obligation imposed on the person as
	854	+	15 part of the sentence;
	855	+	16 for the Class D or Level 6 felony.
	856	+	17 (7) No criminal charges are pending against the person.
	857	+	18 (e) A petition filed under subsection (d) or (f) must be verified and
	858	+	19 set forth:
	859	+	20 (1) the crime the person has been convicted of;
	860	+	21 (2) the date of the conviction;
	861	+	22 (3) the date the person completed the person's sentence;
	862	+	23 (4) any obligations imposed on the person as part of the sentence;
	863	+	24 (5) the date the obligations were satisfied; and
	864	+	25 (6) a verified statement that there are no criminal charges pending
	865	+	26 against the person.
	866	+	27 (f) If a person whose Class D or Level 6 felony conviction has been
	867	+	28 converted to a Class A misdemeanor conviction under subsection (d)
	868	+	29 is convicted of a felony not later than five (5) years after the conversion
	869	+	30 under subsection (d), a prosecuting attorney may petition a court to
	870	+	31 convert the person's Class A misdemeanor conviction back to a Class
	871	+	32 D felony conviction (for a crime committed before July 1, 2014) or a
	872	+	33 Level 6 felony conviction (for a crime committed after June 30, 2014).
	873	+	34 SECTION 15. An emergency is declared for this act.
886	874		ES 326—LS 6732/DI 149 21
887		-	1 D felony conviction (for a crime committed before July 1, 2014) or a
888		-	2 Level 6 felony conviction (for a crime committed after June 30, 2014).
889		-	3 SECTION 16. An emergency is declared for this act.
890		-	ES 326—LS 6732/DI 149 22
891	875		COMMITTEE REPORT
892	876		Mr. President: The Senate Committee on Corrections and Criminal
893	877		Law, to which was referred Senate Bill No. 326, has had the same
894	878		under consideration and begs leave to report the same back to the
895	879		Senate with the recommendation that said bill be AMENDED as
896	880		follows:
897	881		Page 14, line 11, after "enforcement" insert "or the department of
898	882		child services".
899	883		and when so amended that said bill do pass.
900	884		(Reference is to SB 326 as introduced.)
901	885		FREEMAN, Chairperson
902	886		Committee Vote: Yeas 8, Nays 0.
903	887		_____
904	888		COMMITTEE REPORT
905	889		Mr. Speaker: Your Committee on Courts and Criminal Code, to
906	890		which was referred Senate Bill 326, has had the same under
907	891		consideration and begs leave to report the same back to the House with
908	892		the recommendation that said bill be amended as follows:
909	893		Page 1, between the enacting clause and line 1, begin a new
910	894		paragraph and insert:
911	895		"SECTION 1. IC 1-1-5.5-25 IS ADDED TO THE INDIANA CODE
912	896		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
913	897		UPON PASSAGE]: Sec. 25. (a) The general assembly intends
914	898		provisions in P.L.115-2023:
915	899		(1) creating IC 31-30-1-4(d); and
916	900		(2) modifying IC 31-37-1-2;
917	901		to be remedial in nature and to cure a defect in the law. The
918	902		general assembly does not intend these provisions to signify a
919	903		change in or reversal of policy. The general assembly finds strong
920	904		and compelling reasons for these provisions to be applied both
921	905		prospectively and retroactively, so that individuals who commit
922	906		serious crimes may be held accountable. The general assembly has
923	907		always intended that there be a court with jurisdiction to conduct
924	908		proceedings related to the commission of an act defined as a crime
925	909		in the Indiana Code, regardless of whether that act is classified as
926	910		a crime or as a delinquent act.
927		-	ES 326—LS 6732/DI 149 23
	911	+	ES 326—LS 6732/DI 149 22
928	912		(b) The general assembly intends the provisions of P.L.115-2023
929	913		described in subsection (a) to apply to all cases without regard to
930	914		whether:
931	915		(1) the proceedings are initiated; or
932	916		(2) the juvenile becomes twenty-one (21) years of age;
933	917		before, on, or after July 1, 2023.".
934	918		Page 17, between lines 10 and 11, begin a new paragraph and insert:
935	919		"SECTION 12. IC 35-49-2-2.5 IS ADDED TO THE INDIANA
936	920		CODE AS A NEW SECTION TO READ AS FOLLOWS
937	921		[EFFECTIVE JULY 1, 2025]: Sec. 2.5. A governmental entity may
938	922		not knowingly or intentionally:
939	923		(1) organize or host an obscene performance; or
940	924		(2) fund, in whole or part, an obscene performance with
941	925		public funds.".
942	926		Page 20, after line 4, begin a new paragraph and insert:
943	927		"SECTION 14. An emergency is declared for this act.".
944	928		Renumber all SECTIONS consecutively.
945	929		and when so amended that said bill do pass.
946	930		(Reference is to SB 326 as printed February 7, 2025.)
947	931		MCNAMARA
948	932		Committee Vote: yeas 13, nays 0.
949		-	_____
950		-	HOUSE MOTION
951		-	Mr. Speaker: I move that Engrossed Senate Bill 326 be amended to
952		-	read as follows:
953		-	Page 14, delete lines 24 through 38, begin a new paragraph and
954		-	insert:
955		-	"(g) It is a defense to a prosecution under this section that:
956		-	(1) the person is a school employee, a department of child
957		-	services employee, or an attorney acting in the attorney's capacity
958		-	as legal counsel for a client; and
959		-	(2) the acts constituting the elements of the offense were
960		-	performed solely within the scope of the person's employment as
961		-	a school employee, a department of child services employee, or
962		-	an attorney acting in the attorney's capacity as legal counsel for a
963		-	client;
964		-	ES 326—LS 6732/DI 149 24
965		-	(3) the person promptly and in good faith notified law
966		-	enforcement about the image or matter that depicts or
967		-	describes sexual conduct by a child under eighteen (18) years
968		-	of age; and
969		-	(4) the person did not duplicate, upload, download, or
970		-	otherwise transfer the image or matter.".
971		-	Renumber all SECTIONS consecutively.
972		-	(Reference is to ESB 326 as printed March 20, 2025.)
973		-	IRELAND
974		-	_____
975		-	HOUSE MOTION
976		-	Mr. Speaker: I move that Engrossed Senate Bill 326 be amended to
977		-	read as follows:
978		-	Page 17, between lines 39 and 40, begin a new paragraph and insert:
979		-	"SECTION 13. IC 35-49-2-2.6 IS ADDED TO THE INDIANA
980		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
981		-	[EFFECTIVE JULY 1, 2025]: Sec. 2.6. (a) If a governmental entity
982		-	organizes, hosts, or funds an obscene performance in violation of
983		-	section 2.5 of this chapter, any person may bring an action to seek
984		-	injunctive relief.
985		-	(b) A person who brings an action for injunctive relief under
986		-	this section and prevails is entitled to:
987		-	(1) injunctive relief; and
988		-	(2) court costs, reasonable attorney's fees, and other
989		-	reasonable expenses of litigation.".
990		-	Renumber all SECTIONS consecutively.
991		-	(Reference is to ESB 326 as printed March 20, 2025.)
992		-	IRELAND
993	933		ES 326—LS 6732/DI 149