Indiana criminal charge
Child exploitation; exemptions; defenses in Indiana
Child exploitation; exemptions; defenses is a criminal offense under Indiana law, defined by Ind. Code § 35-42-4-4. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-4-4.
What is the penalty for child exploitation; exemptions; defenses in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 12 years (Base child exploitation offense — A person commits child exploitation by inducing, coercing, permitting, soliciting, or producing images of sexual conduct involving a child under eighteen, absent aggravating circumstances described elsewhere in the section.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Base child exploitation offense — A person commits child exploitation by inducing, coercing, permitting, soliciting, or producing images of sexual conduct involving a child under eighteen, absent aggravating circumstances described elsewhere in the section.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Aggravated child exploitation (prior conviction or aggravating conduct depicted) — The offense under subsection (b) is elevated when the person has a prior sex offense conviction or the image depicts bestiality, a victim under twelve, violence against a child, child molesting, pecuniary gain, or distribution to a child to induce a criminal offense.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Aggravated child exploitation (prior conviction or aggravating conduct depicted) — The offense under subsection (b) is elevated when the person has a prior sex offense conviction or the image depicts bestiality, a victim under twelve, violence against a child, child molesting, pecuniary gain, or distribution to a child to induce a criminal offense.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Child exploitation by force or threat of force — The offense under subsection (b) is committed by force or threat of force.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Child exploitation by force or threat of force — The offense under subsection (b) is committed by force or threat of force.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is child exploitation; exemptions; defenses classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base child exploitation offense | Level 4 Felony | A person commits child exploitation by inducing, coercing, permitting, soliciting, or producing images of sexual conduct involving a child under eighteen, absent aggravating circumstances described elsewhere in the section. | Ind. Code § 35-42-4-4(b) |
| Aggravated child exploitation (prior conviction or aggravating conduct depicted) | Level 3 Felony | The offense under subsection (b) is elevated when the person has a prior sex offense conviction or the image depicts bestiality, a victim under twelve, violence against a child, child molesting, pecuniary gain, or distribution to a child to induce a criminal offense. | Ind. Code § 35-42-4-4(c) |
| Child exploitation by force or threat of force | Level 2 Felony | The offense under subsection (b) is committed by force or threat of force. | Ind. Code § 35-42-4-4(d) |
Common questions about child exploitation; exemptions; defenses in Indiana
Is child exploitation; exemptions; defenses a felony or a misdemeanor in Indiana?
It depends on the circumstances: child exploitation; exemptions; defenses ranges from a Level 4 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-42-4-4.
Base child exploitation offense: Level 4 Felony (Ind. Code § 35-42-4-4(b)) · Aggravated child exploitation (prior conviction or aggravating conduct depicted): Level 3 Felony (Ind. Code § 35-42-4-4(c)) · Child exploitation by force or threat of force: Level 2 Felony (Ind. Code § 35-42-4-4(d))
What are the penalties for child exploitation; exemptions; defenses in Indiana?
Penalties for child exploitation; exemptions; defenses in Indiana depend on how it is classified — from a Level 4 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers child exploitation; exemptions; defenses?
Child exploitation; exemptions; defenses is governed by Ind. Code § 35-42-4-4 (Child exploitation; exemptions; defenses).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.