Indiana statute
Ind. Code § 35-42-4-4 — Child exploitation; exemptions; defenses
Current through 2026 Regular Session
Part of Chapter 4: Sex Crimes, Indiana Code.
Criminal charges under this statute
Full text of Ind. Code § 35-42-4-4
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
Sec. 4. (a) The following definitions apply throughout this section: (1) "Image" means any visual representation. (2) "Sexual conduct" means: (A) sexual intercourse; (B) other sexual conduct (as defined in IC 35-31.5-2-221.5 ); (C) exhibition of the: (i) uncovered genitals; or (ii) female breast with less than a fully opaque covering of any part of the nipple; intended to satisfy or arouse the sexual desires of any person; (D) sadomasochistic abuse; (E) sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) with an animal; or (F) 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: (1) induces, causes, or coerces a child less than eighteen (18) years of age to engage in sexual conduct with the intent to produce or transmit an image of the sexual conduct; (2) induces, causes, or coerces a child less than eighteen (18) years of age to assist another person in engaging in sexual conduct, with the intent of aiding any person in the production or transmission of an image of the sexual conduct; (3) being the parent, guardian, or custodian of a child less than eighteen (18) years of age, permits the child to: (A) engage in sexual conduct; or (B) assist another person in engaging in sexual conduct; with the intent to aid another person in the production or transmission of an image of the sexual conduct; (4) solicits a child less than eighteen (18) years of age, or who the person believes to be a child less than eighteen (18) years of age, to: (A) engage in sexual conduct; or (B) assist another person in engaging in sexual conduct; with the intent to produce or transmit an image of the sexual conduct; or (5) produces or creates an image containing sexual conduct by a child less than eighteen (18) years of age, or who appears to be a child less than eighteen (18) years of age; commits child exploitation, a Level 4 felony, except as otherwise provided in this section. (c) The offense described in subsection (b) is a Level 3 felony if: (1) the person has a prior unrelated conviction for a sex offense (as defined in IC 11-8-8-5.2 ); or (2) the conduct depicted in the image involves: (A) bestiality (as described in IC 35-46-3-14 ); (B) a child less than twelve (12) years of age, or who appears to be a child less than twelve (12) years of age; (C) violence or a depiction of violence against a child, including sado-masochistic abuse (as defined in IC 35-49-1-8 ); (D) child molesting; (E) pecuniary gain by the person; or (F) distributing the visual depiction to a child less than eighteen (18) years of age with the intent of inducing, causing, or coercing the child to commit a criminal offense. (d) The offense described in subsection (b) is a Level 2 felony if the offense is committed by force or threat of force. (e) This section 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 such a 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. (f) It is a defense to a prosecution under this section that: (1) the person is a school employee, a department of child services employee, or an attorney acting in the attorney's capacity as legal counsel for a client; 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, a department of child services employee, or an attorney acting in the attorney's capacity as legal counsel for a client. (g) Except as provided in subsection (h), it is a defense to a prosecution under this section if all of the following apply: (1) A cellular telephone, another wireless or cellular communications device, or a social networking website was used to possess, produce, or distribute 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 defendant and the person who received the image or who is depicted in the image was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term "ongoing personal relationship" does not include a family relationship. (4) The crime was committed by a person 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. (h) The defense to a prosecution described in subsection (g) does not apply if: (1) the person who receives the image distributes it to a person other than the person: (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 distribution of the image violates: (A) a protective order to prevent domestic or family violence or harassment issued under IC 34-26-5 (or, if the order involved a family or household member, 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 member, 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 dispositional 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 the person to refrain from direct or indirect contact with a child in need of services or a delinquent child; (E) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6 ; (F) a no contact order issued as a condition 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 under IC 31-14-16-1 in a paternity action; (I) a no contact order issued under IC 31-34-25 in a child in need of services proceeding or under IC 31-37-25 in a juvenile delinquency proceeding; (J) an order issued in another state that is substantially similar to an order described in clauses (A) through (I); (K) an order that is substantially similar to an order described in clauses (A) through (I) and is issued by an Indian: (i) tribe; (ii) band; (iii) pueblo; (iv) nation; or (v) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians; (L) an order issued under IC 35-33-8-3.2 ; or (M) an order issued under IC 35-38-1-30 . (i) It is a defense to a prosecution under this section that: (1) the person was less than eighteen (18) years of age at the time the alleged offense was committed; and (2) the circumstances described in IC 35-45-4-6 (a)(2) through IC 35-45-4-6 (a)(4) apply. (j) A person is entitled to present the defense described in subsection (i) in a pretrial hearing. If a person proves by a preponderance of the evidence in a pretrial hearing that the defense described in subsection (i) applies, the court shall dismiss the charges under this section with prejudice.
Official sources
Legal terms used in this section
Questions this section answers
Is child exploitation; exemptions; defenses a felony or a misdemeanor in Indiana?
It depends on the circumstances: child exploitation; exemptions; defenses ranges from a Level 4 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-42-4-4.
Base child exploitation offense: Level 4 Felony (Ind. Code § 35-42-4-4(b)) · Aggravated child exploitation (prior conviction or aggravating conduct depicted): Level 3 Felony (Ind. Code § 35-42-4-4(c)) · Child exploitation by force or threat of force: Level 2 Felony (Ind. Code § 35-42-4-4(d))
Which Indiana statute covers child exploitation; exemptions; defenses?
Child exploitation; exemptions; defenses is governed by Ind. Code § 35-42-4-4 (Child exploitation; exemptions; defenses).
This reference is informational and is not legal advice.