CRIMINAL LAWAND PROCEDURE
223
6 felony if the person has a prior unrelated con-
viction under this section or in another jurisdic-
tion, including a military court, for an offense
that is substantially similar to an offense described
in this section, or if the person:
(1) publishes the image;
(2) makes the image available on the
Internet; or
(3) transmits or disseminates the image to
another person.
(f) It is a defense to a prosecution under sub-
section (d) that the individual deliberately exposed
the individual’s private area.
35-45-4-6. Indecent display by a youth.
(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 dat-
ing relationship or an ongoing personal
relationship. For purposes of this subdi-
vision, the term “ongoing personal rela-
tionship” 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 through-
out this section:
(1) “Disseminate” means to transfer pos-
session for no direct or indirect consider-
ation.
(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 inter-
course, 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 sex-
ual desires of either the child or the other
person.
(c) A person who, on or by means of a cellu-
lar telephone, social media web site, or another
wireless or cellular communications device, know-
ingly or intentionally:
(1) produces, presents, exhibits, photo-
graphs, 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 per-
son, 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.
Chapter 5. Gambling.
35-45-5-1.
Definitions.
35-45-5-2.
Unlawful gambling.
35-45-5-3.
Professional gambling.
35-45-5-3.5. Possession of electronic gaming device.
