“Pornography law in Indiana”. Do not undervalue the severity of an Indiana child pornography violation. The prosecution will investigate your case vigorously and seek the harshest punishments possible for you.
Note that the prosecutor might also attempt to make you prove their case by promising better outcomes for you if you voluntarily turn over electronic devices or accept a plea bargain.
Pornography law in Indiana: An explanation of child pornography
It is considered child pornography for a child under the age of 18 engaging in or mimicking sexual behavior without a compelling scientific, educational, or literary cause is considered child pornography. This may consist of digital or photographic images, film, video recording, slides, and others.
A broad definition of sexual activity or conduct includes any actions taken to gratify or provoke sexual desire, such as intimate contact or the public display of female breasts or exposed genitalia. According to Indiana Code 35-31.5-2-221.5, it may also involve fondling or touching a kid with the goal to excite or gratify sexual desire, sadomasochistic abuse, bestiality, or other sexual behavior.
Indiana’s sex crime statute applies to crimes involving child pornography, which carries severe penalties if proven.
Indian Laws on Child Pornography
Indiana has various statutes that address child pornography and other offenses. I.C. 35-42-4-4 of the Indiana Criminal Code, which deals with child pornography contains the following offenses:
Pornography law in Indiana: Having Child Pornography in your Possession
According to Indiana law, having material that intentionally shows a kid under the age of 18 engaging in the sexual behavior specified above without a legitimate academic, literary, or scientific justification constitutes possessing child pornography.
Exploitation of children
“Child exploitation.” means knowingly producing, sending, displaying, or commercializing content that depicts a kid under 18’s breasts, genitalia, or sexual activity. This might relate to a physical crime or one committed online.
Pornography law in Indiana: Child photography sale, distribution, or exhibition
I.C. 35-49-3-1 defines this crime as intentionally mailing or importing pornographic material into Indiana for the purpose of distribution or sale, as well as offering to exhibit or distribute pornographic material. When it involves adults over the age of 18, this charge is a Class A misdemeanor, but when it involves a person who is or appears to be under the age of 18, it is a Level 6 felony.
Pornography Law in Indiana: Presenting a Child’s obscene performance
Consciously managing, producing, presenting, sponsoring, or exhibiting an obscene performance on video, film, or photography is against Indiana Code 35-49-3-2. This is a Level 6 felony for anyone under the age of 18 and a Class A misdemeanor for adults.
Other sexual offenses involving children
A charge of child pornography may accompany further counts, particularly for those accused of producing child pornography. This comprises:
- Minor sexual trafficking is a level two felony.
- Sexually abusing a kid under the age of 14 is a Level 3 felony or a Level 1 felony with aggravating circumstances. It is either a Level 4 crime or a Level 2 felony with aggravating circumstances to fondle or touch a kid under the age of 14.
- Sexual activity, while a minor is present, is a Level 5 crime. If the child is under 14 years old, it is a Level 4 crime; if there is force, incapacity, or the use of a weapon, it is a Level 3 felony.
Penalties in Indianapolis for child pornography
Child pornography is punishable quite severely in Indiana. In 2014, Indiana changed the classification of felony offenses from an A–D class system to Levels 1–6. Depending on the child’s age and behavior, different people will face different punishments for child pornography and associated offenses.
Level 1 violations are punishable by 20 to 40 years in prison and penalties of up to $20,000.
Child exploitation is a Level 5 felony, punishable by 1–5 years in prison and fines of up to $20,000.
A number of sex crimes against children are Level 6 felonies, which carry penalties of up to $20,000 in fines and up to 3.5 years in jail. Among them are:
- Having child pornographic material: The sale or distribution of it
- Allowing a youngster to execute an offensive act
- Exposing children to pornography
A charge may bear these offences together. Defendants frequently deal with several child pornography allegations at once. Often, the criminal consequences can mount up quickly because each image or video discovered in your possession may be charged separately from the others.
Registration of sexual offenders
An offender may have to submit to mandatory sex offender registration if found guilty of a child pornography crime. Possession of child pornography necessitates a 10-year registration. However, in some circumstances, such as if you had previously conviction for a sex crime, you might register for life.
Working with a skilled Indianapolis child pornography attorney as soon as possible is essential because of Indiana’s harsh penalties for child pornography. By putting together a defense against the accusations you are up against, your child pornography defense attorney will assist you in defending your rights and fighting for your freedom.
What are my options for defending myself from a charge of child pornography?
It’s easy to feel hopeless when you face likelihood of a jail time, listing as a sex offender, and the collateral damage that a child pornography accusation can bring to your life. There are a variety of viable defenses to a child pornography accusation, notwithstanding your overwhelming feelings.
The “sexting” defense in Indiana is specific. If the defence satisfies each of the following conditions, having or distributing child pornography is a lawful defense:
- The accused is younger than 22 years old.
- The defendant and the juvenile have ages that are less than 4 years apart.
- A personal or dating relationship exists between the defendant and the minor.
- The minor authorized the actions.
But this defence is inapplicable if there is distribution of the image or video to others.
In Indianapolis, the excuse of accidental possession is the most frequently used. It follows that you did not intend to hold the item or that it did not belong to you. A shared computer, an unsecured network, or a home can all be used as examples of this defense.
Accidental ownership is another line of defense. It’s possible that you downloaded child pornography on purpose while intending to get adult content. It’s possible that a virus or other software downloaded unlawful photos onto your computer without your knowledge.
Additionally, if you have been the target of an unauthorized search or seizure, you may be able to defend yourself. Police frequently commit procedural errors that infringe on residents’ rights. Your Indianapolis defense lawyer can contend that illegally obtained evidence is inadmissible and cannot be used against you.