Citations Affected: IC 35-42-4-4 ; IC 35-49-1-3.
Synopsis: 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. Specifies that the laws concerning child exploitation,
possession of child pornography, and obscenity and pornography apply
to digitized images.
Effective: July 1, 2001.
January 9, 2001, read first time and referred to Committee on Corrections, Criminal and
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. (a) As used in this
"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;
(8) a digitized image; or
(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
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, 2001]: 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.
SECTION 3. [EFFECTIVE JULY 1, 2001] IC 35-42-4-4 and IC 35-49-1-3 , both as amended by this act, apply only to crimes
committed after June 30, 2001.