Discreetly

    Revenge Porn Laws in Indiana (2026): Your Rights and What to Do

    Indiana covers both routes: a criminal offense that escalates to a felony for repeat offenders, and a civil action for nonconsensual pornography that lets you sue for damages directly. Since July 2024 both routes expressly reach images created by artificial intelligence, which puts Indiana ahead of many neighbouring states on deepfakes.

    Indiana at a Glance

    Statute
    Distribution of an intimate image — Ind. Code § 35-45-4-8
    Criminal classification
    Class A misdemeanor; Level 6 felony for a repeat offense
    Maximum penalty
    Up to one year in jail and a $5,000 fine; up to two and a half years for a Level 6 felony
    Can you sue?
    Yes — Ind. Code § 34-21.5 (civil action involving nonconsensual pornography)
    Time limit to sue
    Generally two years for personal-injury style claims under Ind. Code § 34-11-2-4
    Deepfakes / AI images
    Covered

    Is Revenge Porn Illegal in Indiana?

    Yes. Ind. Code § 35-45-4-8 makes it an offense to knowingly or intentionally distribute an intimate image of an individual who is identifiable, where the person depicted did not consent to the distribution and where they had a reasonable expectation of privacy in the image.

    An intimate image means an image depicting sexual intercourse, other sexual conduct, or exhibition of the uncovered genitals, pubic area, anus or, for a female, the areola or nipple. Distribution covers posting, sending, transferring or otherwise making the image available to another person, including sharing with a single recipient.

    Since 1 July 2024 the definition also captures images created by artificial intelligence or similar means, provided that, for the criminal offense, the image appears to depict the alleged victim. Certain news media and internet service provider activity is exempted.

    Penalties for Sharing Intimate Images in Indiana

    Distribution of an intimate image is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. Where the person has a prior unrelated conviction under the same section, the offense becomes a Level 6 felony, carrying six months to two and a half years in prison and a fine of up to $10,000.

    Related charges are common: harassment under § 35-45-2-2, stalking under § 35-45-10-5, intimidation, and extortion where someone demands money or further images in return for not posting. Voyeurism under § 35-45-4-5 covers recording someone in private without consent, which can apply where the image was taken secretly in the first place.

    Where the images depict a minor, Indiana's child exploitation and possession of child pornography offenses apply instead and are far more serious felonies.

    Can I Sue Someone in Indiana?

    Yes. Indiana provides a civil action involving nonconsensual pornography under Ind. Code § 34-21.5, allowing the person depicted to sue whoever distributed the image. The claim is separate from any criminal case and does not depend on a conviction, and the 2024 amendments extended it to AI-created images alongside real ones.

    Available relief typically includes damages for the harm caused and injunctive relief requiring the material to be taken down and not distributed further. Where the images were shared in breach of a written agreement between the two of you, a contract claim can usually be brought at the same time.

    Indiana's general limitation period for personal-injury style claims is two years under Ind. Code § 34-11-2-4, so speak to an Indiana attorney promptly rather than waiting for the criminal process to conclude.

    Does Indiana Cover Deepfakes and AI Images?

    Yes. House Enrolled Act 1047, effective 1 July 2024, amended Indiana law so that certain images created by artificial intelligence or similar means count as an intimate image both for the criminal offense of distributing an intimate image and for the civil nonconsensual pornography action.

    For the criminal offense the fabricated image must appear to depict the alleged victim, which is the usual identifiability requirement rather than an extra hurdle. The federal TAKE IT DOWN Act separately requires covered platforms to remove reported nonconsensual intimate imagery, including digital forgeries, within 48 hours of a valid request.

    What to Do Right Now If Your Images Were Shared in Indiana

    1. 1

      Preserve the Evidence Before Reporting It

      Save screenshots showing the post, the account name, the full URL, and the date and time. Keep original messages and files, and store copies somewhere the other person cannot reach. Do not rely on a post staying online.

    2. 2

      Use the Platform's Intimate-Image Report

      Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.

    3. 3

      Use StopNCII.org to Limit Re-Uploads

      For adult images, StopNCII creates a digital fingerprint on your own device and shares the hash, not the image, with participating platforms. If the image was taken while you were under 18, use NCMEC's Take It Down service instead.

    4. 4

      Report It in Indiana

      Contact your local police department or sheriff's office and refer to Ind. Code § 35-45-4-8, mentioning the 2024 amendment if the image was AI-generated. Flag any threats, stalking, extortion, hacking or images of a minor, because separate and more serious offenses may apply.

    5. 5

      Get Advice About the Civil Claim

      Ask an Indiana attorney about the civil action for nonconsensual pornography under Ind. Code § 34-21.5 and about breach of any written agreement. The general deadline for personal-injury style claims is two years.

    Be Safer With a Written NDA as Evidence

    Most of Indiana's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.

    Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.

    Create a free agreement

    Indiana: Frequently Asked Questions

    Is revenge porn a felony in Indiana?
    A first offense is a Class A misdemeanor with up to a year in jail. It becomes a Level 6 felony, carrying up to two and a half years, where the person has a prior conviction under the same section.
    Does Indiana law cover AI deepfake nudes?
    Yes. Since 1 July 2024, images created by artificial intelligence or similar means count as intimate images for both the criminal offense and the civil nonconsensual pornography claim.
    Can I sue someone in Indiana for sharing intimate images?
    Yes. Ind. Code § 34-21.5 provides a civil action for nonconsensual pornography, which runs independently of any criminal case.
    Do I have to prove they wanted to hurt me?
    No. The offense turns on knowing or intentional distribution of an intimate image without consent where you had a reasonable expectation of privacy, rather than on a revenge motive.
    What if the image was recorded without me knowing?
    Indiana's voyeurism offense under § 35-45-4-5 can apply to the recording itself, separately from any charge for distributing the image afterwards.

    Sources

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    This page provides general information about Indiana law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Indiana. Last reviewed August 2026.