CRIMINAL LAWAND PROCEDURE
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35-42-4-4. Child exploitation; child
pornography.
(a) The following definitions apply through-
out this section:
(1) “Disseminate” means to transfer pos-
session for free or for a consideration.
(2) “Matter” has the same meaning as in IC
35-49-1-3.
(3) “Performance” has the same meaning
as in IC 35-49-1-7.
(4) “Sexual conduct” means sexual inter-
course, other sexual conduct (as defined in
IC 35-31.5-2-221.5), exhibition of the
uncovered genitals intended to satisfy or
arouse the sexual desires of any person,
sadomasochistic abuse, sexual intercourse
or other sexual conduct (as defined in IC
35-31.5-2-221.5) 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 per-
son.
(b) A person who:
(1) knowingly or intentionally manages,
produces, sponsors, presents, exhibits, pho-
tographs, films, videotapes, or creates a
digitalized image of any performance or
incident that includes sexual conduct by a
child under eighteen (18) years of age;
(2) knowingly or intentionally dissemi-
nates, exhibits to another person, offers
to disseminate or exhibit to another person,
or sends or brings into Indiana for dis-
semination or exhibition matter that depicts
or describes sexual conduct by a child
under eighteen (18) years of age;
(3) knowingly or intentionally makes avail-
able to another person a computer, know-
ing 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;
or
(4) with the intent to satisfy or arouse the
sexual desires of any person:
(A) knowingly or intentionally:
(i) manages;
(ii) produces;
(iii) sponsors;
(iv) presents;
(v) exhibits;
(vi) photographs;
(vii) films;
(viii) videotapes; or
(ix) creates a digitized image of:
any performance or incident that
includes the uncovered genitals of a
child less than eighteen (18) years of
age or the exhibition of the female
breast with less than a fully opaque
covering of any part of the nipple by a
child less than eighteen (18) years of
age;
(B) knowingly or intentionally:
(i) disseminates to another person;
(ii) exhibits to another person;
(iii) offers to disseminate or exhibit
to another person; or
(iv) sends or brings into Indiana for
dissemination or exhibition:
matter that depicts the uncovered gen-
itals of a child less than eighteen (18)
years of age or the exhibition of the
female breast with less than a fully
opaque covering of any part of the nip-
ple by a child less than eighteen (18)
years of age; or
(C) makes available to another person
a computer, knowing that the com-
puter’s fixed drive or peripheral device
contains matter that depicts the uncov-
ered genitals of a child less than eight-
een (18) years of age or the exhibition
of the female breast with less than a
fully opaque covering of any part of the
nipple by a child less than eighteen
(18) years of age;
commits child exploitation, a Level 5 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;
