Indiana Sexting Laws (2026 Guide)


Unlike some states that have enacted specific “teen sexting” statutes to reduce penalties for minors, Indiana generally prosecutes sexting involving minors under its serious child exploitation laws. Under Indiana Code § 35-42-4-4, possessing or distributing explicit images of a minor—even if you are a minor yourself—can be charged as “Child Exploitation,” which is a Level 5 felony. However, most cases involving minors are handled through the juvenile justice system, where judges and prosecutors have discretion to use alternative resolutions.

Indiana also has specific laws addressing “revenge porn” and, as of 2024, explicitly criminalizes the distribution of non-consensual AI-generated intimate images (deepfakes).

Key Points

  • Specific Teen Sexting Law: No (Charged as Child Exploitation)
  • Primary Statute: IC 35-42-4-4 (Child Exploitation)
  • Minor-to-Minor Penalty: Technically a Level 5 Felony
  • Revenge Porn Law: Yes (IC 35-45-4-8)
  • AI/Deepfake Law: Yes (Class A Misdemeanor)
  • Sex Offender Registration: Required for Child Exploitation convictions

Penalties at a Glance

  • Child Exploitation (Level 5 Felony): 1-6 years prison, up to $10,000 fine
  • Child Solicitation (Level 4 Felony): 2-12 years prison
  • Revenge Porn (Class A Misd.): Up to 1 year jail, $5,000 fine
  • AI/Deepfake Distribution: Class A Misdemeanor

Table of Contents

Teen Sexting & Child Exploitation

Indiana does not have a “Romeo and Juliet” exception specifically for the creation or sharing of nude images (sexting). Instead, these acts typically fall under the state’s Child Exploitation statute, Indiana Code § 35-42-4-4.

This law makes it a crime to knowingly or intentionally:

  • Manage, produce, sponsor, finance, or present any performance or material that includes a child (under 18) engaging in sexual conduct; or
  • Possess child pornography.

Why This Matters for Teens

Because the law defines “child” as anyone under 18, a 17-year-old who sends a nude photo to their 17-year-old partner has technically “produced” material depicting a child in sexual conduct. Similarly, the recipient has “possessed” such material. Under the strict letter of the law, both could be charged with a Level 5 Felony.

While this sounds severe, the practical reality is that prosecutors and juvenile courts often treat these cases differently than adult child pornography rings (see Juvenile Court section below).

Penalties Breakdown

Indiana classifies crimes into Felonies (Levels 1-6) and Misdemeanors (Classes A-C). Sexting-related offenses carry significant potential penalties:

Offense Indiana Code Classification Potential Sentence
Child Exploitation (Basic) IC 35-42-4-4 Level 5 Felony 1 to 6 years prison
Child Exploitation (Aggravated) IC 35-42-4-4 Level 4 Felony 2 to 12 years prison
Child Solicitation IC 35-42-4-6 Level 4 Felony 2 to 12 years prison
Distribution of Intimate Image (Revenge Porn) IC 35-45-4-8 Class A Misdemeanor Up to 1 year jail, $5,000 fine

Note: “Aggravated” Child Exploitation (Level 4 Felony) applies if the offender has a prior conviction or if the child depicted is under 12 years of age.

Defenses & Juvenile Court

Since Indiana statutes do not provide a clear “Romeo and Juliet” defense for sexting (unlike for sexual battery), the outcome of a teen sexting case depends heavily on the discretion of the prosecutor and the juvenile court system.

The “Informal Adjustment”

For minors with no prior record, juvenile courts often use a diversion program known as an Informal Adjustment (IA). If granted:

  • The minor does not plead guilty to a crime.
  • They agree to comply with certain conditions (counseling, community service, phone monitoring, essay writing) for a set period (usually 3-6 months).
  • If successful, the case is dismissed and no conviction is entered.

This is the most common outcome for first-time teen sexting cases where there is no evidence of coercion or widespread distribution.

Waiver to Adult Court

While rare for simple sexting, a juvenile can be waived to adult court. This is more likely if the offender is close to 18, the conduct was predatory, or they have a significant prior record.

Revenge Porn & Intimate Images

Indiana addresses non-consensual image sharing under Indiana Code § 35-45-4-8, “Distribution of an Intimate Image.”

A person commits this offense (a Class A Misdemeanor) if they knowingly or intentionally distribute an intimate image of another person:

  1. Without the other person’s consent; and
  2. Knowing that the other person intended the image to remain private.

“Intimate image” is defined as a photograph, digital image, or video that depicts sexual conduct or the uncovered buttocks or genitals (or female breast) of a person.

This law applies to adults and minors alike. It covers situations where an ex-partner posts private photos online out of spite.

AI-Generated Imagery (Deepfakes)

Effective July 1, 2024, Indiana updated its laws to address the growing issue of AI-generated sexual imagery (often called “deepfake pornography”).

Legislators amended the definition of “intimate image” and related statutes to include realistic images created or modified by artificial intelligence. Under the updated law:

  • Creating or distributing a realistic, AI-generated nude or sexual image of a person without their consent is a Class A Misdemeanor.
  • This applies even if the image is “fake,” as long as it reasonably appears to be the victim.

This update closes a loophole where perpetrators could previously claim an image was “art” or “fake” to avoid prosecution for revenge porn.

Adults Sexting With Minors

When an adult (18+) sexts with a minor, the legal stakes are incredibly high. Prosecutors can charge the adult with:

Child Solicitation (IC 35-42-4-6)

An adult who knowingly or intentionally solicits a child to engage in sexual conduct (which can include the production of images) commits a Level 4 Felony. This carries a potential sentence of 2-12 years in prison.

Child Exploitation (IC 35-42-4-4)

Possessing images received from the minor is a Level 5 Felony. If the adult distributes those images, or if they have prior offenses, it can be elevated to a Level 4 Felony.

Vicarious Liability (IC 35-42-4-5)

Simply paying for, trading for, or facilitating the viewing of such material can lead to “Vicarious Sexual Gratification” charges, which are also felonies.

Sextortion Laws

“Sextortion” occurs when someone threatens to release compromising images unless the victim provides more images, money, or sexual acts. In Indiana, this is prosecuted under the Intimidation statute (IC 35-45-2-1).

  • Intimidation: A Class A misdemeanor, but elevated to a Level 6 Felony if the threat involves a forcible felony or is made to place the victim in fear of retaliation for a prior lawful act (like reporting a crime).

Sex Offender Registration

A major risk in Indiana sexting cases is the sex offender registry. Under Indiana Code § 11-8-8:

  • Child Exploitation and Child Solicitation are generally registrable offenses.
  • If a minor is adjudicated delinquent for an act that would be Child Exploitation if committed by an adult, they may be required to register, though juvenile judges have some discretion depending on the specific age and circumstances.
  • An adult convicted of these crimes must register as a sex offender, often for 10 years or life.

Frequently Asked Questions

Is teen sexting a felony in Indiana?

Technically, yes. Conduct that fits the definition of “sexting” often meets the statutory elements of Child Exploitation (Level 5 Felony). However, the juvenile justice system usually intervenes to prevent felony convictions for typical teen behavior through diversion programs.

Does the “Romeo and Juliet” law apply to sexting?

Not explicitly. Indiana’s “Romeo and Juliet” defense (found in IC 35-42-4-9) applies to sexual misconduct (physical acts), not necessarily to the production or possession of images (Child Exploitation). However, the age proximity is often a factor prosecutors consider when deciding whether to file charges or offer a diversion.

Can I be charged if I didn’t ask for the photo?

Yes, if you keep it. While receiving an unsolicited photo isn’t a crime, retaining possession of it or forwarding it constitutes Child Exploitation. The safest legal action is to delete the image immediately and not share it with anyone.

What if I just showed the phone to a friend but didn’t send it?

Showing the image to another person counts as “disseminating” or “exhibiting” the material, which can still support a Child Exploitation charge.

Is it illegal to make deepfake porn of a classmate?

Yes. As of July 2024, creating or distributing AI-generated non-consensual intimate images is a Class A Misdemeanor in Indiana. You can also face civil lawsuits from the victim.

What to Do If Charged

If you or your child is contacted by law enforcement regarding sexting:

1. Do Not Delete Evidence Immediately

While it seems counterintuitive, deleting images after an investigation has started can lead to charges of Obstruction of Justice. Consult a lawyer before touching the device.

2. Remain Silent

Do not speak to police without an attorney. Police are trained to get admissions that can be used against you. “I just sent it to one person” is a confession to a felony.

3. Contact a Juvenile Defense Attorney

Because Indiana lacks a specific teen sexting statute, your lawyer’s ability to negotiate for an Informal Adjustment or diversion is critical to avoiding a sex offense record.

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Disclaimer: This article provides general legal information about Indiana laws as of February 2026. It is not legal advice. Laws regarding technology and sex offenses evolve rapidly. If you are facing legal issues, consult a qualified Indiana criminal defense attorney.

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