H.E.A. 1363, P.L. 172
Effective: July 1, 2022
- 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 or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of child exploitation.
- Provides that a person who, with intent to view the image, knowingly or intentionally possesses or accesses 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 or a person who appears to be a child, if the image is obscene; or (3) that is simulated sexual conduct involving a representation that appears to be a child, if the representation of the image is obscene; commits the offense of possession of child pornography.
- 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.
- Defines “image”.
- Provides for a defense to prosecution for possession of child pornography for: (1) DCS employee acting within the scope of the employee’s duties; and (2) an attorney acting in the attorney’s capacity as legal counsel for a client.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1363