Indiana criminal charge
Distribution of an intimate image in Indiana
Distribution of an intimate image is a criminal offense under Indiana law, defined by Ind. Code § 35-45-4-8. 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 § 35-45-4-8.
What is the penalty for distribution of an intimate image in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Distribution of an intimate image - base offense — A person who knows or reasonably should know the depicted individual does not consent, and distributes the intimate image, commits this offense as a Class A misdemeanor.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Distribution of an intimate image - base offense — A person who knows or reasonably should know the depicted individual does not consent, and distributes the intimate image, commits this offense as a Class A misdemeanor.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Distribution of an intimate image - prior conviction — The offense is elevated to a Level 6 felony if the person has a prior unrelated conviction under this section.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Distribution of an intimate image - prior conviction — The offense is elevated to a Level 6 felony if the person has a prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is distribution of an intimate image classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Distribution of an intimate image - base offense | Class A Misdemeanor | A person who knows or reasonably should know the depicted individual does not consent, and distributes the intimate image, commits this offense as a Class A misdemeanor. | Ind. Code § 35-45-4-8(d) |
| Distribution of an intimate image - prior conviction | Level 6 Felony | The offense is elevated to a Level 6 felony if the person has a prior unrelated conviction under this section. | Ind. Code § 35-45-4-8(d) |
Common questions about distribution of an intimate image in Indiana
Is distribution of an intimate image a felony or a misdemeanor in Indiana?
It depends on the circumstances: distribution of an intimate image ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-45-4-8.
Distribution of an intimate image - base offense: Class A Misdemeanor (Ind. Code § 35-45-4-8(d)) · Distribution of an intimate image - prior conviction: Level 6 Felony (Ind. Code § 35-45-4-8(d))
What are the penalties for distribution of an intimate image in Indiana?
Which Indiana statute covers distribution of an intimate image?
Distribution of an intimate image is governed by Ind. Code § 35-45-4-8 (Distribution of an intimate image).
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.