Citations Affected: IC 35-42.
Synopsis: Possession of child pornography. Raises the penalty for
possession of child pornography from a Class A misdemeanor to a
Class D felony. Raises the penalty for child exploitation from a Class
D felony to a Class C felony. (Under current law the penalty for child
exploitation is a Class C felony only if it is committed by using a
computer network.) Specifies that the laws concerning child
exploitation, possession of child pornography, and obscenity and
pornography apply to digitized images.
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
January 20, 2000, amended, reported favorably _ Do Pass.
January 27, 2000, read second time, amended, ordered engrossed.
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, or creates a digitized image of
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 Class C 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) a digitized image; or
(8) (9)
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.
SECTION 2. IC 35-49-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. "Matter" means:
(1) any book, magazine, newspaper, or other printed or written
material;
(2) any picture, drawing, photograph, motion picture, digitized
image, or other pictorial representation;
(3) any statue or other figure;
(4) any recording, transcription, or mechanical, chemical, or
electrical reproduction; or
(5) any other articles, equipment, machines, or materials.