February 2, 2001



DIGEST OF SB 206 (Updated January 31, 2001 4:24 PM - DI 51)

Citations Affected: IC 35-42; IC 35-49; noncode.

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.

Ford, Wyss, Young R Michael

    January 9, 2001, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.
    February 1, 2001, reported favorably _ Do Pass.

February 2, 2001

First Regular Session 112th General Assembly (2001)

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.
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    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:

    SECTION 1. IC 35-42-4-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: 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
         (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, 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.