{"id":373203,"date":"2016-03-31T21:35:17","date_gmt":"2016-04-01T02:35:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/indiana-child-pornography-laws.html"},"modified":"2025-06-10T14:26:17","modified_gmt":"2025-06-10T19:26:17","slug":"indiana-child-pornography-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/indiana-child-pornography-laws.html","title":{"rendered":"Indiana Child Pornography Laws"},"content":{"rendered":"\n
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Indiana Child Pornography Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Child pornography is illegal in Indiana, as it is throughout the U.S. Penalties vary based on the conduct committed, such as creating child pornography<\/a><\/b> versus possessing a sexually explicit photo of a child. Sentences also vary based on the age of the child. Acts with younger children, such as those under 14 years of age, receive harsher sentences than those with older children, aged 14 to 17 years old.<\/p>\r\n

This table outlines Indiana child pornography laws. For more information, see the FindLaw Sex Crimes<\/a> section.<\/p>\r\n\r\n

Indiana Child Pornography Code Sections<\/b><\/p>\r\n<\/th>\r\n

Indiana Code Title 35 Criminal Law & Procedure: Articles 42 – Offenses Against the Person<\/a> and 49 – Obscenity and Pornography<\/a><\/p>\r\n

Under Indiana law<\/a>, something is obscene<\/b> if an average person, applying contemporary community standards, finds:<\/p>\r\n

Prohibited Acts Under Indiana Child Pornography Laws<\/b><\/p>\r\n<\/th>\r\n

All types of child pornography and prohibited sexual contact with children require knowledge and intent. <\/i>Indiana\u2019s criminal code provides felony charges for all child pornography and child sexual contact crimes:<\/p>\r\n

Penalties for Indiana Child Pornography <\/b><\/p>\r\n<\/th>\r\n

Penalties for child pornography in Indiana vary depending on the conduct committed and the age of the victim. Below are sentencing ranges for the applicable felonies and misdemeanor levels:<\/p>\r\n

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  • Level 1 Felony – 20 to 40 years incarceration and a fine of up to $10,000<\/li>\r\n
  • Level 2 Felony – 10 to30 years incarceration and a fine of up to $10,000 (sexual trafficking of a minor)<\/li>\r\n
  • Level 3 Felony – Three to 16 years incarceration and a fine of up to $10,000<\/li>\r\n
  • Level 4 Felony – Two to 12 years incarceration and a fine of up to $10,000<\/li>\r\n
  • Level 5 Felony – One to six years incarceration and a fine up to $10,000 (child exploitation)<\/li>\r\n
  • Level 6 Felony – Six months to two-and-a-half years incarceration and a fine up to $10,000 (possession of child porn, sale of child porn)<\/li>\r\n
  • Class A Misdemeanor – up to one year incarceration and a fine of up to $5,000 (sale of adult porn)<\/li>\r\n<\/ul>\r\n

    Note:<\/b> On July 1, 2014, Indiana criminal law changed from classifying felonies as Classes A-D to Levels 1-6 as described above. Some individuals, literature, or websites may still refer to the old system. Contact an <\/i>experienced<\/i> Indiana criminal defense lawyer<\/i><\/a> for up-to-date information.<\/i><\/p>\r\n<\/td>\r\n<\/tr>

Possible Defenses Against Indiana Child Pornography Charges<\/b><\/p>\r\n<\/th>\r\n

There is no consent defense to child pornography charges. Statutory rape<\/b><\/a> laws decree that children cannot consent to sexual conduct or the distribution of pornography. Other defenses may apply, including arguments that the material is not obscene under the law.<\/p>\r\n

Possession of child pornography requires knowledge and intent. If you were unaware you had pornographic images on your phone or computer, you may have a defense of ignorance. These types of child pornography cases require additional legal assistance from forensic computer experts.<\/p>\r\n

Indiana also created specific sexting<\/b><\/a> defenses under Indiana Code. Since July 1, 2014, it’s a defense to having or disseminating child pornography if the defendant is less than 22 years old, less than 4 years older than the child depicted, they’re in a dating or personal relationship, and the alleged victim consented to this behavior. This defense doesn’t apply when the defendant shares photos or digitized images of the victim with others.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should <\/i>consult an attorney<\/i><\/a> or conduct your own legal research to verify Indiana law(s) before making any legal decisions.<\/i><\/p>\r\n

Research the Law<\/b><\/h2>\r\n