Indiana § 34-21.5-3-1 Action for disclosure of nonconsensual pornography

Indiana Statutes

§ 34-21.5-3-1 — Action for disclosure of nonconsensual pornography

Indiana § 34-21.5-3-1

Title 34CIVIL LAW AND PROCEDURE

Art. 21.5CAUSES OF ACTION: NONCONSENSUAL

Ch. 3Disclosing Nonconsensual Pornography

This text of Indiana § 34-21.5-3-1 (Action for disclosure of nonconsensual pornography) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-21.5-3-1 (2026).

Text

(a)A depicted individual who is identifiable and suffered harm may bring an action for disclosing nonconsensual pornography against a person who:

(1)creates or obtains an intimate image of the depicted individual:

(A)under circumstances in which a reasonable person would know or understand that the intimate image of the depicted individual was to remain private, including but not limited to an intimate image shared within the context of a sexual relationship that was then disclosed beyond that relationship;

(B)under false pretenses; or

(C)without authorization or by exceeding authorized access to property, accounts, messages, files, devices, or resources;

(2)discloses the intimate image depicting the individual to a third party, with the intent to:

(A)harass;

(B)intimidate;

(C)thr

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(a) A depicted individual who is identifiable
and suffered harm may bring an action for disclosing nonconsensual
pornography against a person who:
(1) creates or obtains an intimate image of the depicted
individual:
(A) under circumstances in which a reasonable person would
know or understand that the intimate image of the depicted
individual was to remain private, including but not limited to an
intimate image shared within the context of a sexual
relationship that was then disclosed beyond that relationship;
(B) under false pretenses; or
(C) without authorization or by exceeding authorized access to
property, accounts, messages, files, devices, or resources;
(2) discloses the intimate image depicting the individual to a third
party, with the intent to:
(A) harass;
(B) intimidate;
(C) threaten;
(D) coerce;
(E) embarrass;
(F) gain profit at the expense of; or
(G) cause physical or financial injury or serious emotional
distress to;
the depicted person; and
(3) knows or acts with reckless disregard for whether the depicted
individual:
(A) was identifiable in the intimate image; and
(B) did not consent to the disclosure of the intimate image to a
third party.
(b) The following conduct by a depicted individual does not
establish by itself that the individual consented to the disclosure of the
intimate image which is the subject of an action under this section or
that the individual lacked a reasonable expectation of privacy:
(1) The individual's consent to the creation of the image.
(2) The individual's previous consensual disclosure of the image.
(c) A depicted individual who does not consent to the sexual
conduct or uncovering of the part of the body depicted in an intimate
image of the individual retains a reasonable expectation of privacy
even if the image was created when the individual was in a public
place.