Statutes: Indiana

Sec. 8. (a) This section does not apply to:
 

(1) a photograph, digital image, or video that is distributed:
 

(A) to report a possible criminal act;
 

(B) in connection with a criminal investigation;
 

(C) under a court order;
 

(D) to a location that is:
 

(i) intended solely for the storage or backup of personal data, including photographs, digital images, and video; and
 

(ii) password protected; or
 

(E) by a news reporting or an entertainment medium (as defined in IC 32-36-1-4);
 

(2) a newspaper or news service that publishes news related information through a website;
 

(3) a cloud service provider; or
 

(4) an Internet provider, an affiliate or subsidiary of an Internet provider, or a search engine that:
 

(A) solely provides access or connection to a website or other Internet content that is not under the control of that Internet service provider, affiliate or subsidiary, or search engine; and
 

(B) is not responsible for creating or publishing the content that constitutes material harmful to minors.
 

(b) As used in this section, “distribute” means to transfer to another person in, or by means of, any medium, forum, telecommunications device or network, or website, including posting an image on a website or application.
 

(c) As used in this section, “intimate image” means a photograph, digital image, computer generated image, or video:
 

(1) that depicts:
 

(A) sexual intercourse;
 

(B) other sexual conduct (as defined in IC 35-31.5-2-221.5); or
 

(C) exhibition of the uncovered buttocks, genitals, or female breast;
 

of an individual;
 

(2) taken, captured, created, disseminated, or recorded by:
 

(A) an individual depicted in the photograph, digital image, or video and given or transmitted directly to the person described in subsection (d);
 

(B) the person described in subsection (d) in the physical presence of an individual depicted in the photograph, digital image, or video; or
 

(C) the person described in subsection (d) with respect to a photograph, digital image, computer generated image, or video of an individual created or modified by means of a computer software program, artificial intelligence, application, or other digital editing tools; and
 

(3) that is of a quality, characteristic, or condition such that it appears to depict the alleged victim.
 

(d) A person who:
 

(1) knows or reasonably should know that an individual depicted in an intimate image does not consent to the distribution of the intimate image; and
 

(2) distributes the intimate image;
 

commits distribution of an intimate image, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
 

(e) It is not a necessary element of the offense described in subsection (d) that the individual depicted in the intimate image actually sent the image.