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Indiana Revenge Porn Laws

Indiana Code 35-45-4-8 states that a person commits the criminal act of revenge porn in Indiana when they know (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. If proven guilty, the offender would be convicted of “distributing an intimate image,” which is a Class A Misdemeanor in the state of Indiana. Furthermore, if the offender has been convicted under the Indiana revenge porn laws in the past, they can be charged with a Level 6 felony.  

If you have been arrested and charged with distributing an intimate image, better known as revenge porn in Indiana, particularly as it relates to victims of revenge porn or domestic violence, then you’ll want to hire an experienced Indianapolis sex crimes lawyer as soon as possible. The criminal defense attorneys at Keffer Hirschauer LLP have extensive experience defending those accused of sex crimes,  including cases involving victims of revenge porn and domestic violence. We can skillfully handle your criminal defense throughout the term of your case and aggressively protect your rights at each stage of the criminal justice process. To speak with a member of our criminal defense team today, call us at 317-857-0160 or complete our online contact form to schedule your free case consultation.  

The Nuances of Revenge Porn in Indiana

Although the law that outlines the criminal offense of revenge porn in Indiana appears to be rather simple, it does contain some nuance that’s important to understand. For example, Indiana Code 35-45-4-8(a) states that the offense does not constitute revenge porn in Indiana 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; OR 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. In addition, Indiana Code 35-45-4-8(b) states that, for the purposes of this law, the term “distribute” means to “transfer to another person in, or by means of, any medium, forum, telecommunications device or network, or Internet web site, including posting an image on an Internet web site or application, share images, or threatening to distribute.” This definition expands the understanding of distribution to encompass not only the actual sharing of images but also the act of threatening to share those images, thereby providing a broader protection against the misuse of intimate content.

Defining “Intimate Image

More importantly, the law clearly defines what constitutes an “intimate image.” Per Indiana Code 35-45-4-8(c), 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. Per Indiana law, this photograph, digital image, or video must have either been taken, captured, or recorded by an individual depicted and given or transmitted directly to the defendant; OR taken, captured, or recorded by the defendant in the physical presence of an individual depicted in the photograph, digital image, or video.

"Other Sexual Conduct" as it relates to revenge porn in Indiana

Further Questions about Revenge Porn Laws?  

If you’ve been charged with sharing revenge porn in Indiana, or any other violation of Indiana’s pornography laws, it’s vital that you retain the counsel of an experienced criminal defense attorney in Indiana.  

There’s too much at stake, and you need an attorney who can protect you, your rights, and your reputation. If you want to invest in securing the best possible outcome in the case against you, contact an Indiana sex crimes lawyer from Keffer Hirschauer LLP today. Our team of Indianapolis attorneys is made up of former deputy prosecutors who have an intimate understanding of how the Indiana criminal justice system works. They have personally prosecuted crimes like this in the past and now stand ready to build your defense and aggressively seek the best outcome in the State’s case against you. 

Ready to schedule your free case consultation? Call 317-857-0160 or complete our online contact form today.  

Summary
What Constitutes Revenge Porn in Indiana?
Article Name
What Constitutes Revenge Porn in Indiana?
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The laws regarding revenge porn in Indiana state that when a person knowingly (or should have reasonably known) that an individual depicted in the intimate image does not consent to the distribution of the intimate image, yet distributes the image anyways, they may be charged with "distributing an intimate image," a Class A Misdemeanor in the state of Indiana.
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Keffer Hirschauer LLP

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