Indecent Display by a Youth

IMPORTANT — this statute ONLY applies if ALL FOUR of these are true. If even one is missing, this is the WRONG statute — check Child Exploitation (IC 35-42-4-4) or Possession/Distribution of Child Sexual Abuse Material (IC 35-42-4-4.5) instead, since those apply more broadly:

• The suspect is under 18
• The suspect is not more than 4 years older than the person depicted in or who received the image
• There was a dating relationship or ongoing personal relationship (NOT a family relationship) between them
• The person depicted or who received the image went along with the conduct (agreed to it, didn't object)

This statute is essentially the narrow "youth sexting between two teens in an actual relationship" scenario — a lower-severity alternative to the adult-focused statutes, only available when all four conditions above are met.

Definitions:

• "Disseminate" = transferring possession for FREE — no payment or thing of value in exchange. If something of value was exchanged, a different, more serious statute likely applies instead.
• "Sexual conduct" (for this section) = sexual intercourse, other sexual conduct, exhibition of uncovered genitals intended to arouse, sadomasochistic abuse, sexual conduct with an animal, or fondling/touching of a child by another (or vice versa) intended to arouse either person.

Elements to prove

1. 1

   Elements to prove — pick whichever act applies (all require a depicted child at least 12 years old, and known or appearing to be under 16):

2. 2

   All of this must occur on or by means of a cell phone, social media website, or another wireless/cellular communications device.