The Short Answer is NO!

The state's 'revenge porn' legislation has been upheld by the Indiana Supreme Court. The law makes it illegal to disseminate intimate photographs without permission of the the other person. By a vote of 5-0, the court determined that when the law was passed in 2019, the General Assembly did not violate either the Indiana Constitution or the United States Constitution's protections for free speech. Intimate image sharing without consent is now illegal, whether it occurs offline or online. It is a class A misdemeanor that carries a $5,000 fine and/or a year in jail.

The decision concerned a Steuben County case. A student at Trine University was accused of sending his ex-girlfriend a pornographic video via Snapchat. The state's high court's opinion, written by Justice Mark Massa, stated that the small restriction on freedom of speech imposed by the act is "vastly outweighed by the public health, welfare, and safety served" after a thorough examination of local, state, and federal free speech protections. He pointed out that "revenge porn" is circulated through social media, blogs, emails, and text messages.

In addition revenge porn is being published on around 10,000 websites. The names and contact details of the people portrayed in the photographs are frequently connected to the images as well. According to the court's verdict, "the legislature acted within its authority to preserve the health and safety of its citizens from this particular and serious crime" when faced with the widespread and expanding problem of nonconsensual pornography.

Indiana Revenge Porn Attorney 

The Law Office of Mark Nicholson can help you if you are charged with this crime. We have experience in representing people charged with various criminal sex offenses. Call 317-667-0718.