Revenge porn is prohibited under Indiana laws. However, in the age of artificial intelligence (AI), it has become increasingly common for offenders to create and distribute AI-generated pornographic images of former romantic partners or other familiar individuals, often referred to as AI revenge porn or “deepfake” images.
State investigators, law enforcement officials, and prosecutors are prepared to utilize Indiana’s new AI revenge porn laws, which go into effect July 1, 2024. Here, those accused of committing this offense could be charged with a Class A misdemeanor.
Current Indiana Revenge Porn Laws
If an individual knew or should have known that someone else depicted in a sexual or intimate image would not want that content distributed to the public or online, the person distributing the content or images could be tried criminally. Under Indiana Code 35-45-4-8, distributing an intimate image is considered a Class A misdemeanor. Also commonly known as revenge porn, if convicted, you could spend up to one year in an Indiana state prison and pay fines of up to $5,000.
However, if you have previously been convicted of a revenge porn offense, your charges could be elevated to a Level 6 felony. If convicted, you could face up to 2 1/2 years in prison and fines not to exceed $10,000.
Exceptions to Revenge Porn Laws in Indiana
There are some exceptions to Indiana’s current revenge porn laws. If the digital images, photographs, or videos were distributed to a location for the purpose of storing or backing up data with password protection or two-factor authentication, criminal charges may not apply.
Individuals who distribute digital videos, images, and photographs as a means of reporting potential criminal activity to investigators or law enforcement officials, should not be charged under the state’s revenge porn statute.
Updated AI Revenge Porn Laws Are Necessary
With the increasing popularity of AI and AI images, it is of utmost importance that the state of Indiana implement additional legal protections for future victims of AI revenge porn. The distribution of intimate images could even be classified as a sex crime or domestic violence offense, depending on the specific circumstances of your case.
Those whose lives are dramatically affected by AI-generated intimate images need to be protected. For this reason, the state recently approved House Enrolled Act 1047, which aims to punish those who create AI-generated intimate or sexual images and distribute them without the alleged victim’s consent.
This comes after a 2023 report by Home Security Heroes found more than 95,000 AI-generated or deep fake videos and images online, 99% of which were deemed pornographic videos of females.
Indiana’s 2024 AI Revenge Porn Law
The new AI revenge porn laws make it a Class A misdemeanor to create or distribute digital images, intimate photographs, or videos of others through the use of design editing tools, AI, computer software programs, or other applications. This law was implemented after an Indiana teacher testified that their reputation was destroyed after students edited the teacher’s face onto explicit images and distributed them throughout the school.
If convicted of this Class A misdemeanor, defendants can expect to pay up to $5,000 in fines. Defendants could also face up to one year in an Indiana state prison.