Law / United States / Indiana

Child Exploitation and Possession of Child Pornography, obscene simulated or computer-generated images

Ind. Code § 35-42-4-4

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • Do not produce, disseminate, or possess with intent to disseminate an obscene image of simulated sexual conduct that appears to depict a child under eighteen, whether or not the depicted child actually exists, including an image created by a computer program or artificial intelligence
  • Do not knowingly possess or access such an image

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionNo

Criminal exposure note

Child exploitation under subsection (b) is a Level 5 felony (imprisonment one to six years, fine up to $10,000 under Ind. Code § 35-50-2-6(b)), a Level 4 felony on aggravating circumstances listed in subsection (c) (imprisonment two to twelve years, fine up to $10,000 under Ind. Code § 35-50-2-5.5). Possession of child pornography under subsection (d) is a Level 6 felony (imprisonment six months to two and one-half years, fine up to $10,000 under Ind. Code § 35-50-2-7(b)), a Level 5 felony on the same aggravating circumstances listed in subsection (e).

What it makes you log

Logging duty

Section 35-42-4-4 defines child exploitation and possession of child pornography, including a computer-generated or simulated image, and states the penalties for each; it states no logging or record-keeping duty.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Indiana's child-exploitation statute defines "image" to include a computer-generated image, and separately reaches simulated sexual conduct involving a representation that appears to be a child under eighteen, where the representation is obscene, without requiring that the child depicted actually exist.

Producing, disseminating, or possessing with intent to disseminate such an image is child exploitation, a Level 5 felony (a Level 4 felony on aggravating circumstances such as the depicted conduct including force or a victim under twelve), and knowingly possessing or accessing such an image is possession of child pornography, a Level 6 felony (a Level 5 felony on the same aggravating circumstances).

This reaches an AI-generated depiction of a fictional child in an obscene sexual context on the same terms as any other computer-generated image. Both the computer-generated-image definition and the simulated-conduct language quoted here were added by House Enrolled Act 1363 (P.L.172-2022), effective .

When LexLint raises it

When your app profile says your app generates images with AI, generates video with AI, serves under-18s or publishes adult content.

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