Citations Affected:
IC 35-42-4-4.
Synopsis: Possession of child pornography. Raises the penalty for
child pornography from a Class A misdemeanor to a Class D felony.
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1.
IC 35-42-4-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. (a) As used in this
section:
"Disseminate" means to transfer possession for free or for a
consideration.
"Matter" has the same meaning as in
IC 35-49-1-3.
"Performance" has the same meaning as in
IC 35-49-1-7.
"Sexual conduct" means sexual intercourse, deviate sexual conduct,
exhibition of the uncovered genitals intended to satisfy or arouse the
sexual desires of any person, sado-masochistic abuse, sexual
intercourse or deviate sexual conduct with an animal, or any fondling
or touching of a child by another person or of another person by a child
intended to arouse or satisfy the sexual desires of either the child or the
other person.
(b) A person who knowingly or intentionally:
(1) manages, produces, sponsors, presents, exhibits, photographs,
films, or videotapes any performance or incident that includes
sexual conduct by a child under eighteen (18) years of age; or
(2) disseminates, exhibits to another person, offers to disseminate
or exhibit to another person, or sends or brings into Indiana for
dissemination or exhibition matter that depicts or describes sexual
conduct by a child under eighteen (18) years of age;
commits child exploitation, a Class D felony. However, the offense is
a Class C felony if it is committed by using a computer network (as
defined in
IC 35-43-2-3
(a)).
(c) A person who knowingly or intentionally possesses:
(1) a picture;
(2) a drawing;
(3) a photograph;
(4) a negative image;
(5) undeveloped film;
(6) a motion picture;
(7) a videotape; or
(8) any pictorial representation;
that depicts or describes sexual conduct by a child who is less than
sixteen (16) years of age, or appears to be less than sixteen (16) years
of age, and that lacks serious literary, artistic, political, or scientific
value commits possession of child pornography, a Class A
misdemeanor. Class D felony.
(d) Subsections (b) and (c) do not apply to a bona fide school,
museum, or public library that qualifies for certain property tax
exemptions under
IC 6-1.1-10
, or to an employee of such a school,
museum, or public library acting within the scope of the employee's
employment when the possession of the listed materials are for
legitimate scientific or educational purposes.