2006 Indiana Code - CHAPTER 5. OFFENSES AGAINST PUBLIC SENSIBILITY

IC 35-46-5
     Chapter 5. Offenses Against Public Sensibility

IC 35-46-5-1
Human tissue trafficking
    35-46-5-1 Sec. 1. (a) As used in this section, "fetal tissue" means tissue from an infant or a fetus who is stillborn or aborted.
    (b) As used in this section, "human organ" means the kidney, liver, heart, lung, cornea, eye, bone marrow, bone, pancreas, or skin of a human body.
    (c) As used in this section, "item of value" means money, real estate, funeral related services, and personal property. "Item of value" does not include:
        (1) the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of a human organ; or
        (2) the reimbursement of travel, housing, lost wages, and other expenses incurred by the donor of a human organ related to the donation of the human organ.
    (d) A person who intentionally acquires, receives, sells, or transfers in exchange for an item of value:
        (1) a human organ for use in human organ transplantation; or
        (2) fetal tissue;
commits unlawful transfer of human tissue, a Class C felony.
As added by P.L.131-1992, SEC.2. Amended by P.L.217-1997, SEC.1.

IC 35-46-5-2
Unlawful participation in human cloning; exception
    35-46-5-2 Sec. 2. (a) This section does not apply to in vitro fertilization.
    (b) As used in this section, "cloning" has the meaning set forth in IC 16-18-2-56.5.
    (c) A person who knowingly or intentionally:
        (1) participates in cloning;
        (2) implants or attempts to implant a cloned human embryo into a uterine environment to initiate a pregnancy; or
        (3) ships or receives a cloned human embryo;
commits unlawful participation in human cloning, a Class D felony.
As added by P.L.126-2005, SEC.9.

IC 35-46-5-3
Unlawful transfer of human organisms; exceptions
    35-46-5-3 Sec. 3. (a) A person who knowingly or intentionally purchases or sells a human ovum, zygote, embryo, or fetus commits unlawful transfer of a human organism, a Class C felony.
    (b) This section does not apply to the following:
        (1) The transfer to or receipt by a woman donor of an ovum of an amount for:
            (A) earnings lost due to absence from employment;             (B) travel expenses;
            (C) hospital expenses;
            (D) medical expenses; and
            (E) recovery time in an amount not to exceed three thousand dollars ($3,000);
        concerning a treatment or procedure to enhance human reproductive capability through in vitro fertilization, gamete intrafallopian transfer, or zygote intrafallopian transfer.
        (2) The following types of stem cell research:
            (A) Adult stem cell.
            (B) Fetal stem cell, as long as the biological parent has given written consent for the use of the fetal stem cells.
As added by P.L.126-2005, SEC.10.

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