Ind. Code ch. 35-36-10

in effect

Ind. Code § 35-36-10-1 Application

Sec. 1. This chapter applies in a criminal or civil proceeding. As added by P.L.148-2011, SEC.1. Amended by P.L.92-2026, SEC.23.

Ind. Code § 35-36-10-2 "Child sexual abuse material"

Sec. 2. As used in this chapter, "child sex abuse material" includes: (1) material described in IC 35-42-4-4.5; and (2) material defined in 18 U.S.C. 2256(8). As added by P.L.148-2011, SEC.1. Amended by P.L.6-2012, SEC.223; P.L.13-2016, SEC.11; P.L.218-2025, SEC.12; P.L.92-2026, SEC.24.

Ind. Code § 35-36-10-3 Child sexual abuse material must remain in custody of the state or the court

Sec. 3. In any criminal proceeding or civil proceeding, material constituting child sex abuse material must remain in the custody of the state or the court. As added by P.L.148-2011, SEC.1. Amended by P.L.218-2025, SEC.13; P.L.92-2026, SEC.25.

Ind. Code § 35-36-10-4 Reproducing child sexual abuse material not permitted

Sec. 4. A court shall deny any request by the defendant in a criminal proceeding, or any party in a civil proceeding, to copy, photograph, duplicate, or otherwise reproduce any material that constitutes child sex abuse material if the state (in a criminal proceeding), or the court (in a civil proceeding), provides ample opportunity for inspection, viewing, and examination of the material by: (1) the defendant (in a criminal proceeding); (2) the defendant's attorney (in a criminal proceeding); (3) any individual the defendant seeks to qualify as an expert (in a criminal proceeding); (4) any party and the party's attorney (in a civil proceeding); and (5) any individual a party seeks to qualify as an expert (in a civil proceeding); at a state or local court or law enforcement facility as provided in section 5 of this chapter. As added by P.L.148-2011, SEC.1. Amended by P.L.218-2025, SEC.14; P.L.92-2026, SEC.26.

Ind. Code § 35-36-10-5 Defendant's examination of child sexual abuse material permitted only in court or law enforcement facility

Sec. 5. (a) A court may permit a defendant to inspect, view, and examine material that constitutes child sex abuse material at a state or local court or law enforcement facility if the defendant demonstrates that inspecting, viewing, and examining the material is necessary to the defendant's defense. (b) If a court permits a defendant to inspect, view, and examine material that constitutes child sex abuse material, the court shall issue a protective order under Indiana Trial Rule 26 with respect to the material. The protective order must: (1) specifically describe which persons may have access to the material, and prohibit any person not described in the order from having access to the material; (2) permit only those persons whose access to the material is necessary for the purposes described in subsection (a) to have access to the material; (3) prohibit the further dissemination of the material; and (4) prohibit the defendant from having direct access to the material. The protective order may include any other provision to safeguard the material. As added by P.L.148-2011, SEC.1. Amended by P.L.218-2025, SEC.15.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026