Definition of “sexual conduct

The House Courts and Criminal Code Committee heard SB 313, sponsored by Rep. Kirchhofer and Rep. Hale, Sen. Head’s bill to change the definition of “sexual conduct” to include exhibition of the female breast as used in child exploitation and pornography offenses.  After Sen. Head presented the bill, Suzanne O’Malley of the Indiana Prosecuting Attorneys Council said that the law had been amended to include breast exhibitions two years ago, but that such exhibitions were excluded inadvertently in last year’s legislation. A representative of the Motion Picture Association of America testified in support of the intent of the bill, but noted that it posed several problems, including display of films with actresses over age eighteen portraying characters under age eighteen and having its “descriptions” prohibition applied to verbal descriptions or drawings in violation of the First Amendment. The bill passed 10-0.

Read the bill at