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IN SB0181
Bill
Status
1/9/2017
Primary Sponsor
Aaron Freeman
Click for details
AI Summary
Senate Bill 181 Summary
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Creates a new Level 6 felony offense for accessing child pornography with intent to view, applying to images depicting or describing sexual conduct by children under 18 years of age or appearing to be under 18 years of age.
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Amends IC 35-42-4-4 to add subsection (d) establishing possession of child pornography as a Level 6 felony, with escalation to Level 5 felony under specified aggravating circumstances involving force, mental disability, or victims under 12 years of age.
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Establishes affirmative defenses including exemptions for schools, museums, and public libraries conducting legitimate educational or scientific activities, and a "Romeo and Juliet" defense for consensual exchanges between minors within 4 years of age difference in dating relationships.
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Includes defense for minors under 18 years of age at time of offense if specific circumstances apply, with court authority to dismiss charges with prejudice upon preponderance of evidence at pretrial hearing.
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Effective July 1, 2017.
Legislative Description
Accessing child pornography. Makes it a Level 6 felony for a person to access, with intent to view, a photograph or other pictorial representation that depicts or describes sexual conduct by a child who the person knows is less than 18 years of age or who appears to be less than 18 years of age.
Last Action
Senator Freeman added as author
1/24/2017