Indiana law sets penalties for possessing and sharing child sexual images

A person who knowingly possesses or accesses certain images, intending to view them, commits an offense. The offense covers images showing or describing sexual conduct by a child under 18, as well as certain obscene images that appear to show a child. The offense is generally a Level 6 felony and becomes a Level 4 felony in specified serious cases, including some cases involving a prior sex offense or images of a child under 12. The law provides exceptions and defenses for specified school, museum, library, and work-related conduct, and for some close-in-age situations. This provision takes effect July 1, 2026.

A person who knowingly distributes certain images commits an offense. The offense covers images showing or describing sexual conduct by a child under 18, as well as certain obscene images that appear to show a child. The offense is generally a Level 5 felony and becomes a Level 3 felony in specified serious cases, including some cases involving a prior sex offense or distribution to a child to encourage a crime. The law provides exceptions and defenses for specified work-related conduct and some close-in-age situations. The close-in-age defense does not apply in listed circumstances, including when distribution violates a protective or no-contact order. This provision takes effect July 1, 2026.

A person may ask the Department of Correction to review its decision that they must register as an offender. This process applies to people required to register based on specified offender designations from another jurisdiction. The person must submit a verified written request explaining why registration is not required and may include evidence. The department must issue a written decision within 30 days. If the person proves registration is not required, the department must grant appropriate relief. This process takes effect July 1, 2026. The department must rule within 30 days after receiving a request.