Indiana, like other states, has a “revenge porn” or “nonconsensual pornography” law. These laws are intended to help protect people from having photos or videos posted on social media or otherwise distributed without their permission.
Under current Indiana law, it’s illegal to share any “intimate image” that depicts sexual conduct or exposed intimate areas. The law applies if the person who shares the image (whether photo or video) “knows or reasonably should know that an individual depicted in an intimate image does not consent to the distribution of the intimate image….”
The offense is a Class A misdemeanor unless it’s a second or subsequent offense. Then it’s a felony. However, even the misdemeanor charge carries a possible sentence of a year in prison and a $5,000 fine.
As artificial intelligence (AI) becomes more sophisticated and also accessible to anyone who wants to use it, prosecutors say there’s been an increase in digitally altered and generated intimate images being shared of people who weren’t even in the original image or perhaps were in it but were fully clothed. They call this “nudifying” an image.
What are the proposed changes to the law?
Now state lawmakers are working to expand the current law to include these altered or completely fake images. So far, the proposed legislation has strong support.
One of the lawmakers behind the legislation says it applies only to computer-generated or altered images that are intended to look like a particular person. She says it wouldn’t criminalize “caricatures” that people might create for fun or entertainment.
The legislation would also expand Indiana’s voyeurism law that makes it a crime to take intimate photos or videos of people without their permission, even if they’re not shared with anyone. Under the proposed legislation, the law would also apply to spouses and partners.
Sharing intimate images of someone isn’t always done out of anger or spite. A person might share an image with a close friend who then makes it more public. Sometimes it’s as easy as hitting the wrong button on your phone.
Whatever the situation, if you find yourself charged with this offense, it’s critical that you take it seriously because the consequences are serious. It’s smart to get legal guidance as soon as possible to help you protect your rights and determine how best to handle the situation.