Possession of Child Pornography in Indiana

Being accused of possession of child pornography is one of the most damaging charges a person can face. If you’re facing these charges, you’re aware that your reputation, family, and future are on the line. The situation you’re in is terrifying, but understanding the law and selecting a strong legal defense team can make all the difference. 

Indiana’s Possession of Child Pornography Law 

Under Indiana law (IC § 35-42-4-4), a person can be charged with possession of child pornography if the person knowingly or intentionally manages, produces, acquires, presents, disseminates to another person, or makes pornography involving a child under the age of 18 available to another person for purposes of sexual gratification. 

What is Considered Child Pornography? 

The average person’s definition of pornography is usually an image or video showing some explicit sexual act. Under that logic, child pornography would be the same type of material, but with the subject matter being a child. But Indiana law has a broader interpretation of what is considered child pornography. 

Many types of sexual conduct fall under the category of child pornography in Indiana. Possession of material with any of the following conduct containing a child is a violation of Indiana law: 

• Sexual intercourse 
• Exhibition of uncovered genitals
• Exhibition of female breasts showing the nipple is intended to satisfy or arouse the sexual desires of another person 
• Images of the sex organ of one person and the mouth or anus of another 
• The penetration of any sex organ or anus of a person by an object  
• Sadomasochistic abuse 
• Sexual conduct with an animal
• Any fondling or touching of a child by another person or of another person by a child, intended to arouse or satisfy the sexual desires of either the child or the other person

Penalties for a Possession of Child Pornography Conviction in Indiana 

Any crime involving a child in Indiana will have severe penalties, and possession of child pornography is no exception. Possession of child pornography is a felony charge in Indiana, but not all convictions of this crime will result in the same consequences. Various factors determine the level of felony a person will be charged with. Factors can include the age of the child, whether the child has a mental disability, and whether the child was physically harmed, among many others. 

Indiana categorizes felonies into six different levels, with Level 1 being the most serious felony offenses and Level 6 being the least severe. Under Indiana law, prosecutors charge possession of child pornography as either a Level 4, Level 5, or Level 6 felony. 

Level 4 Felony for Possession of Child Pornography  

Level 4 felonies can result in a prison sentence of between 2 and 12 years. A conviction can also result in a fine of up to $10,000. 

Level 5 Felony for Possession of Child Pornography  

Possession of child pornography at a Level 5 felony will result in a sentence of 1 to 6 years. Like a Level 4 felony, the maximum monetary penalty is $10,000.  

Level 6 Felony for Possession of Child Pornography  

A Level 6 felony will carry a sentence of between 6 and 18 months, with the same fine of up to $10,000. 

Retain Razumich & Associates for Your Felony in Possession of Child Pornography Defense

At Razumich & Associates, we’re here to fight for you without judgment. Our defense attorneys have worked on cases just like yours and are familiar with the ins and outs of successfully defending these charges. Call us today at 317-499-8657 to schedule your consultation.