State v. Katz
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The Supreme Court reversed the judgment of the trial court granting Defendant's motion to dismiss the charges brought against him and finding that Ind. Code 35-45-4-8 violated the state and federal constitutions, holding that the State alleged an offense and that the statute is constitutional.
Defendant captured cell phone video of his girlfriend performing oral sex on him and then sent it to another person. Defendant was charged under section 35-45-4-8, which criminalizes the non-consensual distribution of an "intimate image." Defendant filed a motion to dismiss, arguing that the statute was unconstitutional on free speech grounds. The trial court granted the motion, finding the statute unconstitutional. The Supreme Court reversed, holding (1) the State properly charged Defendant with violating section 35-45-4-8; and (2) the statute does not violate either the free interchange clause of the Indiana Constitution or the First Amendment to the United States Constitution.
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