Law / United States / Indiana
Distribution of an Intimate Image and Civil Action for Nonconsensual Pornography, extended to AI-generated images (House Enrolled Act 1047, 2024)
Ind. Code §§ 35-45-4-8, 34-21.5-2-1, 34-21.5-3
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 1 July 2024.
An AI prohibited practices rule binding public and private bodies.
As of 6 September 2026.
What it requires
- Do not distribute an intimate image, including one created or altered by a computer program, artificial intelligence, or other digital editing tool, of an identifiable person who does not consent, when you know or reasonably should know the person does not consent
- A depicted person may bring a civil action for disclosing nonconsensual pornography and recover damages, including statutory damages up to $10,000 per defendant, whether or not the image is an authentic photograph or an AI-generated one
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Distribution of an intimate image is a Class A misdemeanor (imprisonment up to one year, fine up to $5,000 under Ind. Code § 35-50-3-2), elevated to a Level 6 felony (imprisonment between six months and two and one-half years, fine up to $10,000 under Ind. Code § 35-50-2-7(b)) if the person has a prior unrelated conviction under the same section.
What it reaches
Obligation class
Prohibition, Consent
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
House Enrolled Act 1047 amended the definition of "intimate image" that runs through both Indiana's criminal distribution-of-an-intimate-image statute and its civil nonconsensual-pornography-disclosure statute to include a photograph, digital image, or video of a person that was created or modified by a computer software program, artificial intelligence, application, or other digital editing tool, so that an AI-generated or AI-altered depiction of a real, identifiable person in an intimate context is treated the same as an authentic one.
Distributing such an image without the depicted person's consent, when the distributor knows or reasonably should know the person does not consent, is a Class A misdemeanor, elevated to a Level 6 felony on a prior unrelated conviction.
A depicted individual who is identifiable and suffered harm may separately bring a civil action for disclosing nonconsensual pornography, recovering the greater of actual and emotional-distress damages or statutory damages up to $10,000 per defendant, plus any of the defendant's monetary gain, punitive damages, attorney's fees, and injunctive relief. Both amendments took effect July 1, 2024 under the act's own effective-date clause.
When LexLint raises it
generates_content