CRIMINAL LAWAND PROCEDURE
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(8) a digitalized image; or
(9) any pictorial representation;
that depicts or describes sexual conduct by a child
who the person knows is less than eighteen (18)
years of age or who appears to be less than eight-
een (18) years of age, and that lacks serious lit-
erary, artistic, political, or scientific value commits
possession of child pornography, a Level 6 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 posses-
sion of the listed materials is for legitimate sci-
entific or educational purposes.
(e) It is a defense to a prosecution under this
section that:
(1) the person is a school employee; and
(2) the acts constituting the elements of
the offense were performed solely within
the scope of the person’s employment as
a school employee.
(f) Except as provided in subsection (g), it is
a defense to a prosecution under subsection (b) or
(c) if all of the following apply:
(1) A cellular telephone, another wireless
or cellular communications device, or
social networking web site was used to
possess, produce, or disseminate the image.
(2) The defendant is not more than four (4)
years older or younger than the person
who is depicted in the image or who
received the image.
(3) The relationship between the defen-
dant and the person who received the
image or who is depicted in the image was
a dating relationship or an ongoing per-
sonal relationship. For purposes of this
subdivision, the term “ongoing personal
relationship” does not include a family
relationship.
(4) The crime was committed by a per-
son less than twenty-two (22) years of
age.
(5) The person receiving the image or who
is depicted in the image acquiesced in the
defendant’s conduct.
(g) The defense to a prosecution described in
subsection (f) does not apply if:
(1) the person who receives the image dis-
seminates it to a person other than the per-
son:
(A) who sent the image; or
(B) who is depicted in the image;
(2) the image is of a person other than the
person who sent the image or received the
image; or
(3) the dissemination of the image vio-
lates:
(A) a protective order to prevent
domestic or family violence issued
under IC 34-26-5 (or, if the order
involved a family or household mem-
ber, under IC 34-26-2 or IC 34-4-5.1-
5 before their repeal);
(B) an ex parte protective order issued
under IC 34-26-5 (or, if the order
involved a family or household mem-
ber, an emergency order issued under
IC 34-26-2 or IC 34-4-5.1 before their
repeal);
(C) a workplace violence restraining
order issued under IC 34-26-6;
(D) a no contact order in a disposi-
tional decree issued under IC 31-34-20-
1, IC 31-37-19-1, or IC 31-37-5-6 (or
IC 31-6-4-15.4 or IC 31-6-4-15.9
before their repeal) or an order issued
under IC 31-32-13 (or IC 31-6-7-14
before its repeal) that orders a person
to refrain from direct or indirect con-
tact with a child in need of services or
a delinquent child;
(E) a no contact order issued as a con-
dition of pretrial release, including
release on bail or personal recogni-
zance, or pretrial diversion, and includ-
ing a no contact order issued under IC
35-33-8-3.6;
(F) a no contact order issued as a con-
dition of probation;
(G) a protective order to prevent
domestic or family violence issued
under IC 31-15-5 (or IC 31-16-5 or IC
31-1-11.5-8.2 before their repeal);
(H) a protective order to prevent
domestic or family violence issued
