Indiana criminal charge
Possession of child sexual abuse material; exemptions; defenses in Indiana
Possession of child sexual abuse material; exemptions; defenses is a criminal offense under Indiana law, defined by Ind. Code § 35-42-4-4.5. 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 § 35-42-4-4.5.
What is the penalty for possession of child sexual abuse material; exemptions; defenses in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Possession of child sex abuse material — A person knowingly or intentionally possesses or accesses, with intent to view, an image depicting sexual conduct by or with a child as described in the subdivisions.; 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 (Possession of child sex abuse material — A person knowingly or intentionally possesses or accesses, with intent to view, an image depicting sexual conduct by or with a child as described in the subdivisions.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 2 years to 12 years (Possession of child sex abuse material — aggravating circumstances — The offense in subsection (b) is elevated because the person has a prior unrelated sex offense conviction or the image depicts bestiality, a child under twelve, violence against a child, or child molesting.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Possession of child sex abuse material — aggravating circumstances — The offense in subsection (b) is elevated because the person has a prior unrelated sex offense conviction or the image depicts bestiality, a child under twelve, violence against a child, or child molesting.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 1 years to 6 years (Distribution of child sex abuse material — A person knowingly or intentionally distributes an image depicting sexual conduct by or with a child as described in the subdivisions.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Distribution of child sex abuse material — A person knowingly or intentionally distributes an image depicting sexual conduct by or with a child as described in the subdivisions.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 3 years to 16 years (Distribution of child sex abuse material — aggravating circumstances — The offense in subsection (d) is elevated because the person has a prior unrelated sex offense conviction, or the image involves bestiality, a child 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 (Distribution of child sex abuse material — aggravating circumstances — The offense in subsection (d) is elevated because the person has a prior unrelated sex offense conviction, or the image involves bestiality, a child 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 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is possession of child sexual abuse material; exemptions; defenses classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of child sex abuse material | Level 6 Felony | A person knowingly or intentionally possesses or accesses, with intent to view, an image depicting sexual conduct by or with a child as described in the subdivisions. | Ind. Code § 35-42-4-4.5(b) |
| Possession of child sex abuse material — aggravating circumstances | Level 4 Felony | The offense in subsection (b) is elevated because the person has a prior unrelated sex offense conviction or the image depicts bestiality, a child under twelve, violence against a child, or child molesting. | Ind. Code § 35-42-4-4.5(c) |
| Distribution of child sex abuse material | Level 5 Felony | A person knowingly or intentionally distributes an image depicting sexual conduct by or with a child as described in the subdivisions. | Ind. Code § 35-42-4-4.5(d) |
| Distribution of child sex abuse material — aggravating circumstances | Level 3 Felony | The offense in subsection (d) is elevated because the person has a prior unrelated sex offense conviction, or the image involves bestiality, a child under twelve, violence against a child, child molesting, pecuniary gain, or distribution to a child to induce a criminal offense. | Ind. Code § 35-42-4-4.5(e) |
Common questions about possession of child sexual abuse material; exemptions; defenses in Indiana
Is possession of child sexual abuse material; exemptions; defenses a felony or a misdemeanor in Indiana?
It depends on the circumstances: possession of child sexual abuse material; exemptions; defenses ranges from a Level 6 Felony to a Level 3 Felony in Indiana under Ind. Code § 35-42-4-4.5.
Possession of child sex abuse material: Level 6 Felony (Ind. Code § 35-42-4-4.5(b)) · Possession of child sex abuse material — aggravating circumstances: Level 4 Felony (Ind. Code § 35-42-4-4.5(c)) · Distribution of child sex abuse material: Level 5 Felony (Ind. Code § 35-42-4-4.5(d)) · Distribution of child sex abuse material — aggravating circumstances: Level 3 Felony (Ind. Code § 35-42-4-4.5(e))
What are the penalties for possession of child sexual abuse material; exemptions; defenses in Indiana?
Penalties for possession of child sexual abuse material; exemptions; defenses in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 3 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5; the full table of ranges by variant is published on this page.
Which Indiana statute covers possession of child sexual abuse material; exemptions; defenses?
Possession of child sexual abuse material; exemptions; defenses is governed by Ind. Code § 35-42-4-4.5 (Possession of child sexual abuse material; 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.