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New Indiana AI Revenge Porn Law  

In an era where technological advancements have outpaced legal frameworks, Indiana has taken a significant leap forward with the enactment of a groundbreaking law targeting the malicious use of artificial intelligence (AI) in creating and distributing pornographic deepfakes. Under the new Indiana AI revenge porn law, effective July 1, 2024, it will be a Class A Misdemeanor to distribute an intimate photograph, digital image, or video of an individual created or modified by means of a computer software program, artificial intelligence, application, or other design editing tools. 

While this new law on AI revenge porn in Indiana marks a crucial moment in the ongoing battle against the darker uses of this emerging technology, that doesn’t mean the rights and well-being of the accused shall be completely set aside. The former deputy prosecutors turned criminal defense attorneys at Keffer Hirschauer LLP have extensive experience defending those accused of sex crimes, including cases involving the distribution of intimate images and domestic violence. They understand what’s at stake for those charged with such crimes, and are willing to work tirelessly in an effort to protect the rights, reputation, and future of the accused.  

If you need to speak with experienced Indiana sex crimes attorney, call 317-751-7186 or complete this online contact form to schedule a free, confidential case consultation with our firm. Regardless of the situation you’re in, our attorneys will aggressively pursue the best possible outcome in the case against you; whether that be a reduction of charges or penalties, or a dismissal of the case, altogether.  

Looking for a Criminal Defense Attorney in Indiana? Call Keffer Hirschauer LLP Today.

Existing Revenge Porn Laws in Indiana 

As clearly outlined in Indiana Code 35-45-4-8, when a person knows (or reasonably should know) that the individual depicted in the intimate image does not consent to the distribution of the intimate image, yet distributes the image anyways, they commit the criminal offense of “distributing an intimate image,” a Class A Misdemeanor in Indiana. In addition, if the offender has been convicted under this revenge porn law in the past, they may be charged with a Level 6 felony.  

There are, however, some exceptions to the revenge porn law in Indiana. First, if the photograph, digital image or video that has been distributed as a means to report a possible criminal act, in connection with a criminal investigation, under a court order, the actions may be permissible by law. Second, it is not a crime to if the photograph, digital image or video that has been distributed to a location that is intended solely for the storage or backup of personal data, including photographs, digital images, and video AND is password protected. 

For the purposes of this law, an intimate image refers to a photograph, digital image, or video that depicts sexual intercourse, other sexual conduct (see below), exhibition of the uncovered buttocks, genitals, or female breast of an individual, or nude or sexually explicit photos or videos of an individual. 

2024 Indiana AI Revenge Porn Law  

As detailed by the Indiana Lawyer, the new AI revenge porn law was created following testimony of a respected teacher whose reputation was nearly shattered when students maliciously edited her face onto an explicit image, distributing it within their school community. This incident highlighted for lawmakers the ease with which digital identities can be manipulated, as well as the profound impact that such actions can have on the victims’ personal and professional lives.  

Recognizing the gravity of the situation and the potential for harm, Indiana legislators, led by Rep. Sharon Negele and supported by the Indiana Prosecuting Attorneys Council, responded. The newly signed House Enrolled Act 1047 introduces stringent penalties for the creation and dissemination of unauthorized, “computer generated” intimate images. This Class A misdemeanor is punishable by up to a year in prison and a $5,000 fine, a clear message that Indiana will not tolerate such violations of privacy. 

For the purposes of the new AI revenge porn law in Indiana, a “computer generated image” shall mean, “a photograph, digital image, or video of an individual created or modified by means of a computer software program, artificial intelligence, application, or other design editing tools.” 

Further Questions about the New Law?  

As AI becomes more integrated into our daily lives, the distinction between real and fabricated content blurs, raising critical questions about consent, privacy, and the impact on societal trust. 

So, if you have any further questions or concerns about the new AI revenge porn law, do not hesitate to contact the Indiana criminal defense law firm of Keffer Hirschauer LLP. Our team of Indianapolis attorneys is made up of former deputy prosecutors who have an intimate understanding of how the criminal justice system works. They have personally prosecuted Indiana sex crimes in the past and stand ready to help you navigate this new law. 

To speak with an experienced Indiana defense attorney today, call 317-751-7186 or complete our online contact form to schedule a free case consultation. No matter the situation, our lawyers will aggressively work towards obtaining the best outcome in the State’s case against you; whether that be a reduction of charges or penalties, or an outright dismissal of the case.  

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New Indiana AI Revenge Porn Law
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This article is about the new Indiana AI revenge porn law.
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Keffer Hirschauer LLP

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