INDIANA – The Indiana House Courts and Criminal Code Committee has advanced Senate Bill 326, a measure aimed at updating legal terminology and providing protections for certain professionals in cases involving child sex abuse material.
Authored by Senator Aaron Freeman and sponsored by Representative Andrew Ireland, SB 326 seeks to replace the term “child pornography” with the more accurate and widely recognized term “child sex abuse material” throughout the Indiana Code.
A key provision of the bill provides a defense against prosecution for child exploitation and possession of child sex abuse material for school employees, Department of Child Services (DCS) employees, or attorneys acting in their legal capacity, under specific circumstances. This defense applies if they:
- Immediately notify law enforcement or DCS about the image or material depicting sexual conduct.
- Do not duplicate, upload, download, or transfer the image or material.
This provision aims to protect professionals who encounter such material during their duties, ensuring they can report it without fear of prosecution, as long as they act responsibly and promptly.
During the March 21 committee hearing, the bill was amended to include a provision prohibiting governmental entities from organizing, hosting, or funding obscene performances using public funds. The amendment also clarified the intent of Public Law 115-2023.
The Indiana Prosecuting Attorneys Council provided neutral testimony on the bill.
The amended bill passed the committee with a 13-0 vote, indicating strong bipartisan support.
The bill’s full text can be found on the Indiana General Assembly website.
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