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  • Writer's pictureBrandon Hicks

Indiana's Distribution of Intimate Images Law 35-45-4-8

In the age of digital communication and social media, the boundaries between personal and public spheres have become increasingly blurred. Alongside these technological advancements, new legal challenges emerge. One such challenge is addressed by Indiana Code IC 35-45-4-8, which deals with the distribution of intimate images.

Understanding the Law What Constitutes an "Intimate Image"? According to the law, an intimate image refers to a photograph, digital image, or video that depicts sexual intercourse, other sexual conduct, or the exhibition of uncovered buttocks, genitals, or female breasts of an individual. It is important to note that the image must be taken, captured, or recorded either by the individual depicted or in the physical presence of the individual. Elements of the Offense To be charged with the distribution of an intimate image, two key elements must be present:

  1. Lack of Consent: The distributor must know or reasonably should know that the individual depicted in the intimate image does not consent to its distribution.

  2. Act of Distribution: The act of transferring the intimate image to another person through any medium, forum, telecommunications device or network, or Internet web site constitutes distribution.

Exceptions to the Rule The law includes several exceptions to protect those who may distribute intimate images in certain situations:

  • Reporting a Criminal Act: The distribution is exempt if done to report a possible criminal act.

  • Criminal Investigation: Distribution in connection with a criminal investigation is permissible.

  • Court Order: If a court order mandates the distribution, it is not subject to prosecution.

  • Secure Storage: Distribution to a secure, password-protected location intended solely for personal data storage or backup is exempt.

Penalties for Violation The offense of distributing an intimate image is classified as a Class A misdemeanor. However, if the accused has a prior unrelated conviction under this section, the offense becomes a Level 6 felony. This highlights the severity with which the legal system views repeated violations of this nature.

Your Defense: B. Hicks Law If you find yourself facing charges under IC 35-45-4-8, it is crucial to seek experienced legal representation. B. Hicks Law specializes in criminal defense and is committed to protecting the rights of individuals facing charges related to the distribution of intimate images.

Why Choose B. Hicks Law?

  1. Expertise: Our team is well-versed in Indiana criminal law, ensuring a comprehensive understanding of the nuances of your case.

  2. Experience: With a track record of successfully defending clients in similar cases, we bring valuable experience to the table.

  3. Personalized Approach: We understand that every case is unique. Our attorneys provide personalized attention, crafting defense strategies tailored to your specific situation.

  4. Commitment to Justice: At B. Hicks Law Firm, we believe in upholding justice and ensuring fair legal representation for all. We are dedicated to fighting for your rights.

Facing charges under IC 35-45-4-8 can be a daunting experience, but with the right legal team by your side, you can navigate the legal process with confidence. Contact B. Hicks Law Firm today for a consultation and let us advocate for your rights.

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