Fighting Charges of Distribution of an Intimate Image in Indiana

Indiana laws prohibit the distribution of intimate images knowing (or should reasonably know) that the individual in the image would not have consented to its distribution. The law, Indiana Code 35-45-4-8, is also known as Indiana’s Revenge Porn Law. The crime is a Class A misdemeanor for first-time offenders and can be up to a Level 6 felony for those previously convicted of this crime.

What is an Intimate Image Under Indiana Laws?

It isn’t uncommon, or often even illegal, to distribute explicit material, so understanding what constitutes an “intimate image” is important. Under the law, an intimate image can be a photograph, digital image, or video depicting sexual intercourse or conduct. This includes content such as:

• Uncovered buttocks or genitals
• Uncovered female breasts
• Nude images
• Sexually explicit images or videos

Intimate images also include AI-generated and computer-generated images, such as those created using AI websites, editing tools, or images modified by computer software.

What makes the distribution of an intimate image a crime versus legally permitted explicit images?

The answer lies in who creates the content and who gives consent. The law requires that the intimate image is:

• Taken by the individual and sent directly to the defendant or
• Taken by the defendant in the physical presence of the individual depicted in the image; and
• The individual has not or would not provide consent to the image’s distribution

Indiana law’s definition of distribution encompasses not only the transfer to another person but also the transfer to a person’s estate. Even threatening to distribute the images is enough to face charges under the law.

Defenses Against Revenge Porn Charges

There are a few defenses your attorney may deploy if you’ve been charged with the distribution of an intimate image. One may be that you had consent or reasonably believed you had consent.

This can be if the image was taken in public. Or if you are aware that the same image was distributed to other people by the individual in the image.

Another defense may be that you did not intentionally distribute the image, whether it was shared accidentally or someone hacked your account.

Razumich & Associates Will Fight for You if You’ve Been Charged with Distribution of an Intimate Image

 At Razumich & Associates, we frequently defend clients accused of sex crimes, including the distribution of intimate images. Being accused of a sex crime is no small matter and can have life-long consequences. Our attorneys will work tirelessly to defend your rights and reputation. At your consultation, we will walk you through the possible defenses in your case and detail the strategy we have to win your case. Call us today at 317-449-8657 or use our contact form.