Indiana Revenge Porn Laws

TL;DR: 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 image does not consent to the distribution of the intimate image, yet distributes the image anyways. This includes sexual images, photos or videos, or any other sexually explicit material of another person. 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.  

Charged with Unlawful Dissemination of Intimate Images?

If you have been arrested and charged with the unlawful dissemination of an intimate image in Indiana, better known as revenge porn, 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 nonconsensual pornography, image sharing, and violations of cyber civil rights initiatives. 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, ensuring your personal information and identity remain private.

To speak with a member of our criminal defense team today, call us at 317-648-9560 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 was intended to report a possible criminal act, in connection with a criminal investigation, under a court order; OR to a location intended solely for the storage or backup of personal data, including sexual images, photos or videos, and video depicted in the image, 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 website, including posting an image of another person on an Internet website or application, sharing images on social media, or threatening to distribute.” This definition expands the understanding of distribution to encompass not only the actual sharing of sexually explicit images but also the act of threatening to share those images, thereby providing a broader protection for victims of revenge porn against the misuse of intimate content.

How Indiana Law Defines an “Intimate Image“

Indiana revenge porn laws provide a precise statutory definition of what qualifies as an “intimate image.” Under Indiana Code § 35-45-4-8(c), an intimate image includes a photograph, digital image, or video that depicts any of the following:

• Sexual intercourse

• Other sexual conduct (see definition below)

• The exhibition of uncovered buttocks

• The exhibition of uncovered genitals

• The exhibition of an uncovered female breast

• Any nude or sexually explicit material of an individual

To meet the legal definition under Indiana revenge porn statutes, the image or video must also have been obtained in one of the following ways:

• The image was taken, captured, or recorded by the individual depicted and then directly given or transmitted to the defendant; or

• The image was taken, captured, or recorded by the defendant while in the physical presence of the individual depicted

These statutory elements are critical in determining whether charges for nonconsensual pornography or unlawful dissemination of intimate images apply under Indiana state laws.

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 legal action 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 extensive understanding of how cases involving private images typically play out. 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 317-648-9560 or complete our online contact form today.