2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 45. OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY CHAPTER 4. INDECENT ACTS AND PROSTITUTION
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IC 35-45-4
Chapter 4. Indecent Acts and Prostitution
IC 35-45-4-0.1
Application of certain amendments to chapter
Sec. 0.1. The enhanced penalty under section 5(b)(2) of this
chapter, as added by P.L.7-2005, applies only if at least one (1) of the
offenses is committed after June 30, 2005.
As added by P.L.220-2011, SEC.605. Amended by P.L.63-2012,
SEC.59.
IC 35-45-4-1
Public indecency
Sec. 1. (a) A person who knowingly or intentionally, in a public
place:
(1) engages in sexual intercourse;
(2) engages in other sexual conduct (as defined in
IC 35-31.5-2-221.5);
(3) appears in a state of nudity with the intent to arouse the
sexual desires of the person or another person; or
(4) fondles the person's genitals or the genitals of another
person;
commits public indecency, a Class A misdemeanor.
(b) A person at least eighteen (18) years of age who knowingly or
intentionally, in a public place, appears in a state of nudity with the
intent to be seen by a child less than sixteen (16) years of age
commits public indecency, a Class A misdemeanor.
(c) However, the offense under subsection (a) or (b) is a Level 6
felony if the person who commits the offense has a prior unrelated
conviction:
(1) under subsection (a) or (b); or
(2) in another jurisdiction, including a military court, that is
substantially equivalent to an offense described in subsection (a)
or (b).
(d) As used in this section, "nudity" means the showing of the
human male or female genitals, pubic area, or buttocks with less than
a fully opaque covering, the showing of the female breast with less
than a fully opaque covering of any part of the nipple, or the showing
of covered male genitals in a discernibly turgid state.
(e) A person who, in a place other than a public place, with the
intent to be seen by persons other than invitees and occupants of that
place:
(1) engages in sexual intercourse;
(2) engages in other sexual conduct (as defined in
IC 35-31.5-2-221.5);
(3) fondles the person's genitals or the genitals of another
person; or
(4) appears in a state of nudity;
where the person can be seen by persons other than invitees and
occupants of that place commits indecent exposure, a Class C
misdemeanor.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.76; P.L.189-1984, SEC.1; P.L.215-1997, SEC.1;
P.L.121-2000, SEC.1; P.L.123-2003, SEC.2; P.L.158-2013,
SEC.524.
IC 35-45-4-1.5
Public nudity
Sec. 1.5. (a) As used in this section, "nudity" has the meaning set
forth in section 1(d) of this chapter.
(b) A person who knowingly or intentionally appears in a public
place in a state of nudity commits public nudity, a Class C
misdemeanor.
(c) A person who knowingly or intentionally appears in a public
place in a state of nudity with the intent to be seen by another person
commits a Class B misdemeanor.
(d) A person who knowingly or intentionally appears in a state of
nudity:
(1) in or on school grounds;
(2) in a public park; or
(3) with the intent to arouse the sexual desires of the person or
another person, in a department of natural resources owned or
managed property;
commits a Class A misdemeanor. However, the offense is a Level 6
felony if the person has a prior unrelated conviction under this
subsection or under subsection (c).
As added by P.L.123-2003, SEC.3. Amended by P.L.158-2013,
SEC.525.
IC 35-45-4-2
Prostitution
Sec. 2. A person who knowingly or intentionally:
(1) performs, or offers or agrees to perform, sexual intercourse
or other sexual conduct (as defined in IC 35-31.5-2-221.5); or
(2) fondles, or offers or agrees to fondle, the genitals of another
person;
for money or other property commits prostitution, a Class A
misdemeanor. However, the offense is a Level 6 felony if the person
has two (2) prior convictions under this section.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.77; Acts 1979, P.L.301, SEC.1; P.L.310-1983, SEC.3;
P.L.158-2013, SEC.526.
IC 35-45-4-3
Patronizing a prostitute
Sec. 3. A person who knowingly or intentionally pays, or offers
or agrees to pay, money or other property to another person:
(1) for having engaged in, or on the understanding that the other
person will engage in, sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) with the person or
with any other person; or
(2) for having fondled, or on the understanding that the other
person will fondle, the genitals of the person or any other
person;
commits patronizing a prostitute, a Class A misdemeanor. However,
the offense is a Level 6 felony if the person has two (2) prior
convictions under this section.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.78; Acts 1979, P.L.301, SEC.2; P.L.310-1983, SEC.4;
P.L.158-2013, SEC.527.
IC 35-45-4-4
Promoting prostitution
Sec. 4. A person who:
(1) knowingly or intentionally entices or compels another
person to become a prostitute;
(2) knowingly or intentionally procures, or offers or agrees to
procure, a person for another person for the purpose of
prostitution;
(3) having control over the use of a place, knowingly or
intentionally permits another person to use the place for
prostitution;
(4) receives money or other property from a prostitute, without
lawful consideration, knowing it was earned in whole or in part
from prostitution; or
(5) knowingly or intentionally conducts or directs another
person to a place for the purpose of prostitution;
commits promoting prostitution, a Level 5 felony. However, the
offense is a Level 4 felony under subdivision (1) if the person enticed
or compelled is under eighteen (18) years of age.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.79; Acts 1978, P.L.148, SEC.6; P.L.158-2013,
SEC.528.
IC 35-45-4-5
Voyeurism; public voyeurism
Sec. 5. (a) The following definitions apply throughout this section:
(1) "Camera" means a camera, a video camera, a device that
captures a digital image, or any other type of video recording
device.
(2) "Peep" means any looking of a clandestine, surreptitious,
prying, or secretive nature.
(3) "Private area" means the naked or undergarment clad
genitals, pubic area, or buttocks of an individual.
(b) A person:
(1) who knowingly or intentionally:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person; or
(2) who knowingly or intentionally peeps into an area where an
occupant of the area reasonably can be expected to disrobe,
including:
(A) restrooms;
(B) baths;
(C) showers; and
(D) dressing rooms;
without the consent of the other person, commits voyeurism, a Class
B misdemeanor.
(c) However, the offense under subsection (b) is a Level 6 felony
if:
(1) it is knowingly or intentionally committed by means of a
camera; or
(2) the person who commits the offense has a prior unrelated
conviction:
(A) under this section; or
(B) in another jurisdiction, including a military court, for an
offense that is substantially similar to an offense described in
this section.
(d) A person who:
(1) without the consent of the individual; and
(2) with intent to peep at the private area of an individual;
peeps at the private area of an individual and records an image by
means of a camera commits public voyeurism, a Class A
misdemeanor.
(e) The offense under subsection (d) is a Level 6 felony if the
person has a prior unrelated conviction under this section or in
another jurisdiction, including a military court, for an offense that is
substantially similar to an offense described in this section, or if the
person:
(1) publishes the image;
(2) makes the image available on the Internet; or
(3) transmits or disseminates the image to another person.
(f) It is a defense to a prosecution under subsection (d) that the
individual deliberately exposed the individual's private area.
As added by P.L.311-1983, SEC.31. Amended by P.L.301-1995,
SEC.1; P.L.215-1997, SEC.2; P.L.7-2005, SEC.1; P.L.75-2011,
SEC.1; P.L.158-2013, SEC.529.
IC 35-45-4-6
Indecent display by a youth
Sec. 6. (a) This section applies only to a person to whom all of the
following apply:
(1) The person is less than eighteen (18) years of age.
(2) The person is not more than four (4) years older than the
individual who is depicted in the image or who received the
image.
(3) The relationship between the person and the individual who
received the image or who is depicted in the image was a dating
relationship or an ongoing personal relationship. For purposes
of this subdivision, the term "ongoing personal relationship"
does not include a family relationship.
(4) The individual receiving the image or who is depicted in the
image acquiesced in the person's conduct.
(b) The following definitions apply throughout this section:
(1) "Disseminate" means to transfer possession for no direct or
indirect consideration.
(2) "Matter" has the meaning set forth in IC 35-49-1-3.
(3) "Performance" has the meaning set forth in IC 35-49-1-7.
(4) "Sexual conduct" means sexual intercourse, other sexual
conduct, exhibition of the uncovered genitals intended to satisfy
or arouse the sexual desires of any person, sadomasochistic
abuse, sexual intercourse or other sexual conduct with an
animal, or any fondling or touching of a child by another person
or of another person by a child intended to arouse or satisfy the
sexual desires of either the child or the other person.
(c) A person who, on or by means of a cellular telephone, social
media web site, or another wireless or cellular communications
device, knowingly or intentionally:
(1) produces, presents, exhibits, photographs, records, or creates
a digitized image of any performance or incident that includes
sexual conduct by a child at least twelve (12) years of age;
(2) disseminates, exhibits to another person, or offers to
disseminate or exhibit to another person, matter that depicts or
describes sexual conduct by a child at least twelve (12) years of
age; or
(3) possesses:
(A) a picture;
(B) a drawing;
(C) a photograph;
(D) a motion picture;
(E) a digitized image; or
(F) any pictorial representation;
that depicts or describes sexual conduct by a child at least
twelve (12) years of age who the person knows is less than
sixteen (16) years of age or who appears to be less than sixteen
(16) years of age, and that lacks serious literary, artistic,
political, or scientific value;
commits indecent display by a youth, a Class A misdemeanor.
(d) Subsection (c) does not apply to a bona fide school, museum,
or public library that qualifies for certain property tax exemptions
under IC 6-1.1-10, or to an employee of that school, museum, or
public library acting within the scope of the employee's employment
when the possession of the listed materials is for legitimate scientific
or educational purposes.
As added by P.L.168-2014, SEC.83.
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