Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

175

(d) A person who, with intent to view the image, knowingly or intentionally possesses or accesses an image that depicts or describes sex ual conduct: (1) by a child who the person knows is less than eighteen (18) years of age; (2) by a child less than eighteen (18) years of age, or by a person who appears to be a child less than eighteen (18) years of age, if the representation of the image is obscene (as described in IC 35-49-2-1); or (3) that is simulated sexual conduct involv ing a representation that appears to be a child less than eighteen (18) years of age, if the representation of the image is obscene (as described in IC 35-49-2-1) commits possession of child pornography, a Level 6 felony. It is not a required element of an offense under subdivision (3) that the child depicted actu ally exists. (e) However, the offense of possession of child pornography described in subsection (d) is a Level 5 felony if: (1) the sexual conduct, matter, perform ance, or incident depicts or describes a child who the person knows is less than eighteen (18) years of age, or who appears to be less than eighteen (18) years of age, who: (A) engages in bestiality (as described in IC 35-46-3-14); (B) is mentally disabled or deficient; (C) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force; (D) physically or verbally resists par ticipating in the sexual conduct, mat ter, performance, or incident; (E) receives a bodily injury while par ticipating in the sexual conduct, mat ter, performance, or incident; or (F) is less than twelve (12) years of age; or (2) the child less than eighteen (18) years of age: (A) engages in bestiality (as described in IC 35-46-3-14); (B) is mentally disabled or deficient; (C) participates in the sexual conduct,

obscene (as described in IC 35-49-2-1); or (C) that is simulated sexual conduct involving a representation that appears to be a child less than eighteen (18) years of age, if the representation of the image is obscene (as described in IC 35-49-2-1);

commits child exploitation, a Level 5 felony. It is not a required element of an offense under sub division (5)(C) that the child depicted actually exists. (c) However, the offense of child exploita tion described in subsection (b) is a Level 4 felony if: (1) the sexual conduct, matter, perform ance, or incident depicts or describes a child less than eighteen (18) years of age who: (A) engages in bestiality (as described in IC 35-46-3-14); (B) is mentally disabled or deficient; (C) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force; (D) physically or verbally resists par ticipating in the sexual conduct, mat ter, performance, or incident; (E) receives a bodily injury while par ticipating in the sexual conduct, mat ter, performance, or incident; or (F) is less than twelve (12) years of age; or (2) the child less than eighteen (18) years of age: (A) engages in bestiality (as described in IC 35-46-3-14); (B) is mentally disabled or deficient; (C) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force; (D) physically or verbally resists par ticipating in the sexual conduct, mat ter, performance, or incident; (E) receives a bodily injury while par ticipating in the sexual conduct, mat ter, performance, or incident; or (F) is less than twelve (12) years of age.