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Legal Information: Indiana

Statutes: Indiana

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Updated: 
March 27, 2020

34-21.5-3-1. Action for disclosing nonconsensual pornography.

(a) A depicted individual who is identifiable and suffered harm may bring an action for disclosing nonconsensual pornography against a person who:

(1) creates or obtains an intimate image of the depicted individual:

(A) under circumstances in which a reasonable person would know or understand that the intimate image of the depicted individual was to remain private, including but not limited to an intimate image shared within the context of a sexual relationship that was then disclosed beyond that relationship;

(B) under false pretenses; or

(C) without authorization or by exceeding authorized access to property, accounts, messages, files, devices, or resources;

(2) discloses the intimate image depicting the individual to a third party, with the intent to:

(A) harass;

(B) intimidate;

(C) threaten;

(D) coerce;

(E) embarrass;

(F) gain profit at the expense of; or

(G) cause physical or financial injury or serious emotional distress to;

the depicted person; and

(3) knows or acts with reckless disregard for whether the depicted individual:

(A) was identifiable in the intimate image; and

(B) did not consent to the disclosure of the intimate image to a third party.

(b) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this section or that the individual lacked a reasonable expectation of privacy:

(1) The individual’s consent to the creation of the image.

(2) The individual’s previous consensual disclosure of the image.

(c) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.