2006 Indiana Code - CHAPTER 5. OFFENSES AGAINST PUBLIC SENSIBILITY
IC 35-46-5Chapter 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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