SOURCE: Page 22, line 31; (13)MO105302.22. -->
Page 22, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 35-42-4-4; (13)MO105302.13. -->
"SECTION 13 IC 35-42-4-4, AS AMENDED BY P.L.6-2012,
SECTION 226, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The following definitions
apply throughout this section:
(1) "Disseminate" means to transfer possession for free or for a
consideration.
(2) "Matter" has the same meaning as in IC 35-49-1-3.
(3) "Performance" has the same meaning as in IC 35-49-1-7.
(4) "Sexual conduct" means sexual intercourse, deviate sexual
conduct, exhibition of the uncovered genitals intended to satisfy
or arouse the sexual desires of any person, sadomasochistic 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, videotapes, or creates a digitized image of any performance
or incident that includes sexual conduct by a child under eighteen
(18) years of age;
(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; or
(3) makes available to another person a computer, knowing that
the computer's fixed drive or peripheral device contains matter
that depicts or describes sexual conduct by a child less than
eighteen (18) years of age;
commits child exploitation, a Class C felony.
(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 the person
knows is less than sixteen (16) eighteen (18) years of age or who
appears to be less than sixteen (16) eighteen (18) years of age, and that
lacks serious literary, artistic, political, or scientific value commits
possession of child pornography, a 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 is for
legitimate scientific or educational purposes.
(e) It is a defense to a prosecution under this section that:
(1) the person is a school employee; and
(2) the acts constituting the elements of the offense were
performed solely within the scope of the person's employment as
a school employee.
(f) Except as provided in subsection (g), it is a defense to a
prosecution under subsection (b)(1), subsection (b)(2), or subsection
(c) if all of the following apply:
(1) A cellular telephone, another wireless or cellular
communications device, or a social networking web site was used
to possess, produce, or disseminate the image.
(2) The defendant is not more than four (4) years older or younger
than the person who is depicted in the image or who received the
image.
(3) The relationship between the defendant and the person who
received the image or who is depicted in the image was a dating
relationship or an ongoing personal relationship. For purposes of
this subdivision, the term "ongoing personal relationship" does
not include a family relationship.
(4) The crime was committed by a person less than twenty-two
(22) years of age.
(5) The person receiving the image or who is depicted in the
image acquiesced in the defendant's conduct.
(g) The defense to a prosecution described in subsection (f) does not
apply if:
(1) the person who receives the image disseminates it to a person
other than the person:
(A) who sent the image; or
(B) who is depicted in the image;
(2) the image is of a person other than the person who sent the
image or received the image; or
(3) the dissemination of the image violates:
(A) a protective order to prevent domestic or family violence
issued under IC 34-26-5 (or, if the order involved a family or
household member, under IC 34-26-2 or IC 34-4-5.1-5 before
their repeal);
(B) an ex parte protective order issued under IC 34-26-5 (or,
if the order involved a family or household member, an
emergency order issued under IC 34-26-2 or IC 34-4-5.1
before their repeal);
(C) a workplace violence restraining order issued under
IC 34-26-6;
(D) a no contact order in a dispositional decree issued under
IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
order issued under IC 31-32-13 (or IC 31-6-7-14 before its
repeal) that orders the person to refrain from direct or indirect
contact with a child in need of services or a delinquent child;
(E) a no contact order issued as a condition of pretrial release,
including release on bail or personal recognizance, or pretrial
diversion, and including a no contact order issued under
IC 35-33-8-3.6;
(F) a no contact order issued as a condition of probation;
(G) a protective order to prevent domestic or family violence
issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
before their repeal);
(H) a protective order to prevent domestic or family violence
issued under IC 31-14-16-1 in a paternity action;
(I) a no contact order issued under IC 31-34-25 in a child in
need of services proceeding or under IC 31-37-25 in a juvenile
delinquency proceeding;
(J) an order issued in another state that is substantially similar
to an order described in clauses (A) through (I);
(K) an order that is substantially similar to an order described
in clauses (A) through (I) and is issued by an Indian:
(i) tribe;
(ii) band;
(iii) pueblo;
(iv) nation; or
(v) organized group or community, including an Alaska
Native village or regional or village corporation as defined
in or established under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their special status as Indians;
(L) an order issued under IC 35-33-8-3.2; or
(M) an order issued under IC 35-38-1-30.".
SOURCE: Page 26, line 15; (13)MO105302.26. -->
Page 26, between lines 15 and 16, begin a new paragraph and insert:
SOURCE: IC 35-49-3-1; (13)MO105302.16. -->
"SECTION 16. IC 35-49-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. A person who
knowingly or intentionally:
(1) sends or brings into Indiana obscene matter for sale or
distribution; or
(2) offers to distribute, distributes, or exhibits to another person
obscene matter;
commits a Class A misdemeanor. However, the offense is a Class D
felony if the obscene matter depicts or describes sexual conduct
involving any person who is or appears to be under sixteen (16)
eighteen (18) years of age.