Key Takeaways
Indiana’s criminal laws on deep-fake images are regulated under the Distribution
of Intimate Images laws, I.C. 35-45-4-8(d).
Deep-fake material is AI edited or altered media that depicts an identifiable
person doing or saying something they never did.
Sharing a deep-fake image portraying pornographic material is a Class A
misdemeanor and a Level 6 felony if the accused has a prior conviction.
Possessing deep-fake pornographic material is not illegal, however distrusting
deep-fake pornographic material is.
AI generated material depicting a representation that appears to be under the
age of 18 falls under Indiana’s Child Sexual Abuse Material laws.
The Legality of Deep-fake Material in Indiana
With the rapid development and integration of technology in our daily lives, one of the
fastest growing and most novel areas of the legal world are laws regulating Artificial
Intelligence (AI). The term “deep-fake images” refers to a computer/AI generated image
depicting a person doing or saying something that they never actually did. On its face,
there is nothing illegal about deep-fake technology, however the legality of this
technology is questionable when utilized to generation of pornographic material.
In Indiana, laws surrounding the creation, distribution, and possession of AI generated
intimate images (“deep fake images”) are closely tied in with Indiana’s distribution of an
intimate image laws (Revenge Porn).
Indiana’s distribution of an intimate image law, I. C. 35-45-4-8(d), states:
“a person who knows or reasonably should know that an individual depicted in an
intimate image does not consent to the distribution of the intimate image and distributes
the intimate image commits a Class A misdemeanor.”
However, if the person has a previous and separate conviction for distributing an
intimate image, the new offense is a level 6 felony.
What is an “Intimate Image”?
Indiana Code 35-45-4-8(c) describes an “Intimate Image” as a photograph, digital
image, computer/artificial intelligence generated, created, or modified image or
video that depicts sexual intercourse, uncovered buttocks, genitals, female breast, or
other sexual conduct.
The language of Indiana’s revenge porn laws clearly refers to traditional forms of media
but have also been adapted to include AI generated or edited photos/videos that appear
to depict an identifiable alleged victim, otherwise known as deep-fake images. Deep-
fake images refer to AI generated or edited photos/videos with similar characteristics to
the identifiable alleged victim, such as facial features or other identifiers. Deep-fake
photos under I.C. 35-45-4-8(c)(3) are “intimate images” if it displays nudity or sexual
acts. An identifiable alleged victim is required for the image to be considered a deep-
fake or an “intimate image.” Meaning distributing deep-fake material of someone is a
Class A misdemeanor in Indiana.
Importantly, an identifiable alleged victim is not required where the image depicts a
minor or someone who appears to be a minor. In similar cases, Indiana’s laws
surrounding child sex abuse materials will likely apply.
Possession vs. Distribution
Under the current Indiana Code, possessing or creating AI generated intimate (deep-
fake) images of an adult person is not illegal.
An illegal act occurs when the creator/possessor shares the photo outside of their
personal possession. Distribution can be done through any medium where other people
can view the image. If a real or AI generated photo with an identified alleged victim is
shared, uploaded, sent, forwarded, or posted, I.C. 35-45-4-8(d) is violated.
Artificial Intelligence and Child Sex Abuse Material (“CSAM”)
Is AI generated sexual images of individuals that appear to be under the of 18 illegal
under Indiana’s CSAM laws?
The short answer, yes.
Indiana Code 35-42-4-4 is clear that CSAM includes computer-generated or digitized
images and criminalizes generating, creating, disseminating, or possessing any
obscene or sexual images involving children. Effective July 1, 2026, the Indiana
legislature has adjusted Child Sexual Abuse Material laws to directly address computer-generated CSAM.
The possession or distribution of simulated sexual conduct involving a “representation”
that appears to be under the age of 18 is a level 4 felony. The word “representation” is
used strategically here is include images that appear to under the age of 18, but there is
not an identifiable victim.
The same enhancing circumstances apply for computer-generated and regular CSAM,
those being:
the person has a prior unrelated conviction for a sex offense; or
the conduct depicted in the image involves:
bestiality
a child less than twelve (12) years of age, or who appears to be a child less
than twelve (12) years of age;
violence or a depiction of violence against a child, including sado-
masochistic abuse;
child molesting;
pecuniary gain by the person; or
distributing the visual depiction to a child less than eighteen (18) years of
age with the intent of inducing, causing, or coercing the child to commit a
criminal offense. Enhancing the level 4 felony to a level 3 felony.
Changes in Indiana’s Deep-fake Laws
It is important to note that laws surrounding deep-fake intimate images, CSAM, and AI
generated pornographic material is quickly changing. With the rapid development of AI,
Indiana’s legal landscape involving this technology is ever changing. It is more
important than ever to consult with an attorney if you are alleged to have violated any of
these statutes.
Contact Banks & Brower: Experienced Indiana Defense Attorneys for cases regarding
Distribution of Intimate Images and CSAM, as these allegations carry serious felony exposure
across Indiana courts. Early strategic intervention protects rights and shapes case
direction. At Banks &Brower, we provide focused criminal defense representation for
clients facing property and violent felony charges. Call us at (317)870-0019 today to
schedule a confidential consultation and begin building your defense.
