HB 1191

Bill Subjects

Abstract

Provides that a person who knowingly or intentionally produces, disseminates, or possesses with intent to disseminate an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child who appears to be less than 18 years of age and the representation of the image is obscene; or (3) that is a representation of a child who appears to be less than 18 years of age and the representation of the image is obscene; commits the offense of child exploitation. Provides that a person who knowingly or intentionally receives, possesses, or accesses with intent to view an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than 18 years of age; (2) by a child who appears to be less than 18 years of age and the representation of the image is obscene; or (3) that is a representation of a child who appears to be less than 18 years of age and the representation of the image is obscene; commits the offense of possession of child pornography. Specifies that it is not a required element of the offense of child exploitation or possession of child pornography that the child depicted actually exists under certain circumstances. Defines "image". Makes conforming changes.