Indiana HB 1047: Sexual offenses.

Bill Text

Introduced Version
HOUSE BILL No. 1047
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-45-4-8.
Synopsis: Computer generated intimate images. Provides that certain
images created by artificial intelligence or similar means constitute an
"intimate image" for purposes of the crime of distributing an intimate
image.
Effective: July 1, 2024.
Negele
January 8, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1047—LS 6474/DI 106

Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1047
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-45-4-8, AS ADDED BY P.L.185-2019,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 8. (a) This section does not apply to a photograph,
4 digital image, or video that is distributed:
5 (1) to report a possible criminal act;
6 (2) in connection with a criminal investigation;
7 (3) under a court order; or
8 (4) to a location that is:
9 (A) intended solely for the storage or backup of personal data,
10 including photographs, digital images, and video; and
11 (B) password protected.
12 (b) As used in this section, "distribute" means to transfer to another
13 person in, or by means of, any medium, forum, telecommunications
14 device or network, or Internet web site, website, including posting an
15 image on an Internet web site a website or application.
16 (c) As used in this section, "intimate image" means a photograph,
17 digital image, computer generated image, or video, or other
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2
1 pictorial representation:
2 (1) that depicts:
3 (A) sexual intercourse;
4 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
5 or
6 (C) exhibition of the uncovered buttocks, genitals, or female
7 breast;
8 of an individual; and
9 (2) taken, captured, created, disseminated, or recorded by:
10 (A) an individual depicted in the photograph, digital image, or
11 video and given or transmitted directly to the person described
12 in subsection (d); or
13 (B) the person described in subsection (d) in the physical
14 presence of an individual depicted in the photograph, digital
15 image, or video; or
16 (C) the person described in subsection (d) with respect to
17 a photograph, digital image, computer generated image,
18 video, or any other pictorial representation of an
19 individual created or modified by means of a computer
20 software program, artificial intelligence, application, or
21 other digital editing tools.
22 (d) A person who:
23 (1) knows or reasonably should know that an individual depicted
24 in an intimate image does not consent to the distribution of the
25 intimate image; and
26 (2) distributes the intimate image;
27 commits distribution of an intimate image, a Class A misdemeanor.
28 However, the offense is a Level 6 felony if the person has a prior
29 unrelated conviction under this section.
30 (e) It is not a necessary element of the offense described in
31 subsection (d) that the individual depicted in the intimate image
32 actually sent the image.
2024 IN 1047—LS 6474/DI 106