Indiana Code - Criminal Law and Procedure - Title 35, Section 35-42-4-4

Child exploitation; possession of child pornography; violation
classification; exemption; definitions

Sec. 4. (a) As used in this section:

"Disseminate" means to transfer possession for free or for a
consideration.

"Matter" has the same meaning as in IC 35-49-1-3.

"Performance" has the same meaning as in IC 35-49-1-7.
"Sexual conduct" means sexual intercourse, deviate sexual
conduct, exhibition of the uncovered genitals intended to satisfy or
arouse the sexual desires of any person, sado-masochistic abuse,
sexual intercourse or deviate 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.
(b) A person who knowingly or intentionally:
(1) manages, produces, sponsors, presents, exhibits,
photographs, films, videotapes, or creates a digitized image of
any performance or incident that includes sexual conduct by a
child under eighteen (18) years of age;
(2) disseminates, exhibits to another person, offers to
disseminate or exhibit to another person, or sends or brings into
Indiana for dissemination or exhibition matter that depicts or
describes sexual conduct by a child under eighteen (18) years
of age; or
(3) makes available to another person a computer, knowing that
the computer's fixed drive or peripheral device contains matter
that depicts or describes sexual conduct by a child less than
eighteen (18) years of age;
commits child exploitation, a Class C felony.
(c) A person who knowingly or intentionally possesses:
(1) a picture;
(2) a drawing;
(3) a photograph;
(4) a negative image;
(5) undeveloped film;
(6) a motion picture;
(7) a videotape;
(8) a digitized image; or
(9) any pictorial representation;
that depicts or describes sexual conduct by a child who is less than
sixteen (16) years of age or appears to be less than sixteen (16) years
of age, and that lacks serious literary, artistic, political, or scientific
value commits possession of child pornography, a Class D felony.
(d) Subsections (b) and (c) do 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 such a school,
museum, or public library acting within the scope of the employee's
employment when the possession of the listed materials are for
legitimate scientific or educational purposes.

As added by Acts 1978, P.L.148, SEC.5. Amended by P.L.325-1983,
SEC.1; P.L.206-1986, SEC.1; P.L.37-1990, SEC.25; P.L.59-1995,
SEC.3; P.L.216-1996, SEC.19; P.L.3-2002, SEC.2.

Last modified: May 24, 2006