Senate Bill 389 Summary

• Amends IC 35-42-4-4 to add a defense to child exploitation and possession of child pornography charges for school employees acting within the scope of their employment.

• Creates an affirmative defense when the person is a school employee and the acts constituting the offense were performed solely within the scope of employment.

• Applies to both child exploitation (Class C felony) and possession of child pornography (Class D felony) offenses.

• Effective date is July 1, 2011.