Sec. 8. (a) This section does not apply to a photograph, digital image, or video that is distributed:
(1) to report a possible criminal act;
(2) in connection with a criminal investigation;
(3) under a court order; or
(4) to a location that is:
(A) intended solely for the storage or backup of personal data, including photographs, digital images, and video; and
(B) password protected.
(b) As used in this section, "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.
(c) As used in this section, "intimate image" means a photograph, digital image, or video:
(1) that depicts:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5); or
(C) exhibition of the uncovered buttocks, genitals, or female breast;
of an individual; and
(2) taken, captured, or recorded by:
(A) an individual depicted in the photograph, digital image, or video and given or transmitted directly to the person described in subsection (d); or
(B) the person described in subsection (d) in the physical presence of an individual depicted in the photograph, digital image, or video.
(d) A person who:
(1) knows or reasonably should know that an individual depicted in an intimate image does not consent to the distribution of the intimate image; and
(2) distributes the intimate image;
commits distribution of an intimate image, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
As added by P.L.185-2019, SEC.3.
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