Understanding Indiana’s Legal Terminology for Child Pornography Crimes

Criminal offenses involving child pornography are typically charged under Indiana Code Section 35-42-4-4, a statute that includes the offense of child exploitation and possession of child pornography. If you are facing charges under Indiana Code Section 35-42-4-4, or under another section of the Indiana Code that is a sex crime involving a juvenile victim, it will be extremely important to understand the statutory definitions used when these offenses are charged and prosecuted.

Each state has its own definitions of child pornography and related offenses, and will be important for you to discuss the specific details of your case with an experienced Indianapolis criminal defense attorney who can work to determine whether the prosecution will be able to prove all required elements of the offense under the Indiana Code, and what your options might be for defending against the charges you are facing. What terminology should you know? Consider the following information.

What is an “Image”? 

Child exploitation or possession of child pornography charges often involve the possession or creation of an image of a child under the age of 18 (or a person who appears to be a child under the age of 18). How does the law define an image? Under Indiana Code Section 35-42-4-4, an “image” is broadly construed and means “any pictorial representation,” and specifically includes:

• A picture;
• A drawing;
• A photograph;
• A negative image;
• An undeveloped film;
• A motion picture;
• A videotape;
• A digitized image; and/or
• A computer generated image.

What is “Matter”? 

Child exploitation and child pornography possession charges require that a person intentionally or knowingly contains certain matter depicting a child under the age of 18 or a person who appears to be a child under the age of 18. The definition of “matter” exists in Indiana Code Section 35-49-1-3, and it means the following:

• Any book, magazine, newspaper, or other printed material;
• Any picture, drawing, photograph, motion picture, digitized image, or other pictorial representation;
• Any statue or other figure;
• Any recording, transcription, or mechanical, chemical, or electrical reproduction; or
• Any other articles, equipment, machines, or materials.

What is a “Performance”? 

When a person is charged with child exploitation or possession of child pornography, the matter at issue in the case may be described as a “performance” involving a child under the age of 18 or a person who appears to be a child under the age of 18. For these purposes, a performance is defined under Indiana Code Section 35-49-1-7 as “any play, motion picture, dance, or other exhibition or presentation, whether pictured, animated, or live, performed before an audience of one or more persons.”

What Does it Mean to “Disseminate” Images or Matter?

 Child exploitation charges in Indiana often involve the dissemination, or possession with intent to disseminate, child pornography. This term is described simply under Indiana Code Section 35-42-4-4 to mean “to transfer possession for free or for a consideration.”

Contact Our Indianapolis Sex Crimes Defense Attorneys for Assistance with Your Case 

If you have any questions about the definitions or elements of a particular sex offense under the Indiana Code, or if you need help building the strongest defense you can against sex crime charges you are facing, it is important to reach out to a lawyer who can assist you. One of the experienced Indianapolis sex crime defense lawyers at Rigney Law LLC can speak with you today and can begin discussing potential defense strategies with you that are tailored to the facts of your case.

Sources: 

casetext.com/statute/indiana-code/title-35-criminal-law-and-procedure/article-42-offenses-against-the-person/chapter-4-sex-crimes/section-35-42-4-4-child-exploitation-possession-of-child-pornography-exemptions-defenses

law.justia.com/codes/indiana/title-35/article-49/chapter-1/section-35-49-1-3/

law.justia.com/codes/indiana/title-35/article-49/chapter-1/section-35-49-1-7/