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Committee approves overhaul of CSAM statutes and raises penalties after wide testimony
Summary
The committee approved HB 13‑03 after adopting technical and penalty amendments to separate possession, distribution and production of child sexual‑abuse material and to raise penalties closer to federal ranges. Law enforcement, prosecutors, survivors and advocates urged the changes; defenders urged careful calibration of sentencing enhancements.
The House Courts and Criminal Code Committee voted April 8 to advance HB 13‑03, a comprehensive restructuring of Indiana's child sexual‑abuse material (CSAM) statutes. Sponsors said the bill separates possession, distribution and production into distinct offenses and increases penalties to better reflect the severity of these crimes and align more closely with federal guidelines.
Representative McNamara presented the bill and described the goal of updating definitions, clarifying discovery rules and matching penalties to the harm. The committee adopted several amendments (including Amendment 1 and Amendment 4) by consent to restore consistent drafting terms ("produce," "create," "distribute") and to tie some defenses to federal models.
Courtney Curtis (IPAC), Lieutenant Chris Cecil (Indiana State Police ICAC Task Force), county prosecutors and survivor advocates provided testimony about rising volumes and severity of CSAM cases, the surge in cyber tips received by Indiana law enforcement, and the need for clearer statutory tools and stronger penalties. Law enforcement described a rapid increase in cyber tips (from a few thousand in earlier years to tens of thousands in recent years) and urged modernized law to keep pace with technology, including AI‑generated material.
The Indiana Public Defender Council and other defense representatives supported certain clarity and procedural safeguards but urged caution about sweeping sentencing enhancements without fuller study and urged adoption of federal defenses to avoid unintended prosecution of well‑intentioned conduct. Committee members discussed proportionality, defenses for parents and professionals, and the need to avoid constitutional problems raised by earlier case law regarding virtual images.
After discussion and technical fixes, the committee recorded a 13–0 vote to pass the amended bill.
Attribution: Reporting is based on testimony and statements in the committee record, including law enforcement (Lieutenant Chris Cecil), prosecutors (Courtney Curtis), survivors and defense counsel (Indiana Public Defender Council).
