§ 35-45-4-6 — Indecent display by a youth

Indiana § 35-45-4-6

• Jurisdiction: Indiana
• Art. 45: OFFENSES AGAINST PUBLIC HEALTH, ORDER,
• Ch. 4: Indecent Acts and Prostitution

Text

(a) This section applies only to a person to
whom all of the following apply:
(1) The person is less than eighteen (18) years of age.
(2) The person is not more than four (4) years older than the
individual who is depicted in the image or who received the
image.
(3) The relationship between the person and the individual 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 individual receiving the image or who is depicted in the
image acquiesced in the person's conduct.
(b) The following definitions apply throughout this section:
(1) "Disseminate" means to transfer possession for no direct or
indirect consideration.
(2) "Matter" has the meaning set forth in IC 35-49-1-3.
(3) "Performance" has the meaning set forth in IC 35-49-1-7.
(4) "Sexual conduct" means sexual intercourse, other sexual
conduct, exhibition of the uncovered genitals intended to satisfy
or arouse the sexual desires of any person, sadomasochistic abuse,
sexual intercourse or other 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.
(c) A person who, on or by means of a cellular telephone, social
media web site, or another wireless or cellular communications device,
knowingly or intentionally:
(1) produces, presents, exhibits, photographs, records, or creates
a digitized image of any performance or incident that includes
sexual conduct by a child at least twelve (12) years of age;
(2) disseminates, exhibits to another person, or offers to
disseminate or exhibit to another person, matter that depicts or
describes sexual conduct by a child at least twelve (12) years of
age; or
(3) possesses:
(A) a picture;
(B) a drawing;
(C) a photograph;
(D) a motion picture;
(E) a digitized image; or
(F) any pictorial representation;
that depicts or describes sexual conduct by a child at least twelve
(12) years of age who the person knows is less than sixteen (16)
years of age or who appears to be less than sixteen (16) years of
age, and that lacks serious literary, artistic, political, or scientific
value;
commits indecent display by a youth, a Class A misdemeanor.
(d) Subsection (c) does 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 that 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.

Legislative History

As added by P.L.168-2014, SEC.83.