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  • Writer's pictureBrandon Hicks

Indiana's Indecent Display by a Youth Statute 35-45-4-6

Welcome to the official blog of B. Hicks Law, your trusted partner in criminal defense. In today's post, we delve into an important aspect of Indiana's legal landscape - the Indecent Display by a Youth statute under IC 35-45-4-6. As legal advocates committed to defending your rights, we aim to shed light on this statute and provide clarity for those who may find themselves entangled in its complexities.

Understanding the Indecent Display by a Youth Statute The Indecent Display by a Youth statute primarily targets individuals under the age of eighteen engaging in certain behaviors related to sexual content. Let's break down the key components:

  1. Age Limitations (Subsection a):

    • The statute applies to individuals under the age of eighteen.

    • The age difference between the person and the individual depicted or receiving the image should not exceed four years.

    • The relationship must be a dating or an ongoing personal relationship, excluding family relationships.

    • Consent from the individual depicted or receiving the image is crucial.

  1. Definitions (Subsection b):

    • "Disseminate" refers to transferring possession without direct or indirect consideration.

    • "Matter" and "Performance" are defined as per IC 35-49-1-3 and IC 35-49-1-7.

    • "Sexual conduct" encompasses various explicit acts involving minors.

  1. Prohibited Actions (Subsection c):

    • Knowingly or intentionally producing, presenting, exhibiting, photographing, recording, or creating a digitized image of any performance or incident that includes sexual conduct by a child at least twelve years old is prohibited.

    • Disseminating, exhibiting, or offering to disseminate or exhibit matter depicting or describing sexual conduct by a child at least twelve years old is also forbidden.

    • Possessing materials that depict or describe sexual conduct by a child under sixteen years old or one who appears to be under sixteen, lacking serious literary, artistic, political, or scientific value, constitutes indecent display by a youth - a Class A misdemeanor.

  1. Exceptions (Subsection d):

    • The statute does not apply to bona fide schools, museums, or public libraries meeting specific criteria and qualifying for property tax exemptions.

    • Employees of these institutions are exempt when possessing such materials for legitimate scientific or educational purposes within the scope of their employment.

Navigating the Legal Landscape At B. Hicks Law, we understand the importance of a robust defense strategy when facing legal challenges. If you or someone you know is navigating the complexities of the Indecent Display by a Youth statute, our experienced criminal defense attorneys are here to help. We strive to provide personalized, effective legal representation to protect your rights and ensure a fair legal process.

For more information or to schedule a consultation, contact B. Hicks Law today. Our dedicated team is ready to assist you in understanding your rights and building a strong defense tailored to your specific situation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult with an attorney for advice regarding your specific situation.

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