The House Courts and Criminal Code Committee heard HB 1191 on child exploitation and child pornography authored by Rep. Karickhoff. The bill provides that a person who knowingly or intentionally produces, disseminates, or possesses with intent to disseminate an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child who appears to be less than 18 years of age and the representation of the image is obscene; or (3) that is a representation of a child who appears to be less than 18 years of age and the representation of the image is obscene; commits the offense of child exploitation. It also provides that a person who knowingly or intentionally receives, possesses, or accesses with intent to view an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child who appears to be less than 18 years of age and the representation of the image is obscene; or (3) that is a representation of a child who appears to be less than 18 years of age and the representation of the image is obscene; commits the offense of possession of child pornography. The bill specifies that it is not a required element of the offense of child exploitation or possession of child pornography that the child depicted actually exists under certain circumstances.
Representatives from the Indiana Prosecuting Attorneys Council and Kokomo Police Department testified in support of the bill. The Indiana Public Defender Council testified in opposition. The bill passed 9-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1191