Indiana Child Pornography Laws

Indiana Code Title 35 Criminal Law & Procedure: Articles 42 – Offenses Against the Person and 49 – Obscenity and Pornography

Under Indiana law, something is obscene if an average person, applying contemporary community standards, finds:

• The dominant theme appeals to sexual or prurient interests
• Depicts or describes sexual conduct in a patently offensive way
• Lacks any literary, historical, scientific, or educational value

In general, challenges to the obscenity law apply to material of historical or scientific value, such as paintings, motion pictures, or medical material.

All types of child pornography and prohibited sexual contact with children require knowledge and intent. Indiana’s criminal code provides felony charges for all child pornography and child sexual contact crimes:

• Child exploitation (Level 5 felony): Creating, selling, sending, or presenting materials showing sexual conduct or showing the genitals or breasts of children under 18 whether in person or on a computer
• Possession of child pornography (Level 6 felony): Having pictures or films depicting sexual conduct by a child under 18 that is obscene
• Sale, distribution, or exhibition of child pornography (Level 6 felony): Showing sexual conduct of children or adults appearing to be under 18
• Selling pornography (Class A misdemeanor): Selling pornography with adults over 18
• Showing, managing, presenting photos or films of an obscene performance (Level 6 felony): Showing child pornography
• Showing, managing, presenting photos or films of an obscene performance (Class A misdemeanor)L Showing adult pornography
• Dissemination of matter or conducting performance harmful to minors (Level 6 felony): Showing or giving porn to minors or sexual performances in front of minors that appeals to their interest in sex

Other possible charges, especially for the creators of child pornography in Indiana, include:

• Sexual trafficking of a minor by an adult (Level 2 felony): Selling or sending a child for prostitution or other sexual conduct
• Child molesting (Level 3 felony): Having sexual intercourse or other sexual contact with a child under 14 years old
• Sexual contact (Level 3 felony): Becomes a Level 1 (highest) felony if the offender is over 21 or there were weapons, serious injury, or drugs involved
• Fondling or touching a child under 14 (Level 4 felony): Becomes a Level 2 felony if the offender is over 21 or there were weapons, serious injury, or drugs involved
• Sexual conduct in the presence of a minor: When an adult 18 or older knowingly causes a 14 or 15-year-old child to touch himself or herself for the adult’s sexual pleasure (Level 5 felony); If the child is under 14, it’s a Level 4 felony; Aggravating factors raise the crime to a Level 3 felony.

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:

• Level 1 Felony – 20 to 40 years incarceration and a fine of up to $10,000
• Level 2 Felony – 10 to30 years incarceration and a fine of up to $10,000 (sexual trafficking of a minor)
• Level 3 Felony – Three to 16 years incarceration and a fine of up to $10,000
• Level 4 Felony – Two to 12 years incarceration and a fine of up to $10,000
• Level 5 Felony – One to six years incarceration and a fine up to $10,000 (child exploitation)
• 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)
• Class A Misdemeanor – up to one year incarceration and a fine of up to $5,000 (sale of adult porn)

Note: 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 experienced Indiana criminal defense lawyer for up-to-date information.

There is no consent defense to child pornography charges. Statutory rape 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.

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.

Indiana also created specific sexting 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.