What Is Illegal to View on the Internet?

During the last few decades, the internet has greatly expanded from a once slow dial-up experience and links within internal documents to an expansive ecosystem, allowing people from all over the world to connect and obtain information they want on nearly any topic. Illegal access to material often involves child pornography, but there are other types of content that could also be illegal or used as evidence against you in a criminal case. An experienced Indiana internet sex crime attorney from The Criminal Defense Team of Baldwin Perry & Wiley PC can meet with you to discuss information you have viewed on the internet and explain if it is illegal. 

Child Pornography Prohibitions 

Indiana’s expansive child pornography and exploitation statute prohibits various acts of making and sharing child pornography. Specifically, it is illegal under this law for a person to knowingly or intentionally possess or access an image with the intent to view the image that depicts or describes sexual conduct by a child the person knows is less than 18 years of age, by a child who appears to be a child less than 18 years old if the image is obscene, or that involves simulated sexual conduct of a child that appears to be less than 18 when the image is obscene. Notably, it is not a defense if the child depicted in the image does not actually exist. This crime is considered a Level 6 felony in most cases, but it can be classified as a Class 5 felony if aggravating circumstances are present.

The New Rules on Age Verification on Pornography Websites

You might have heard about a new law in Indiana that requires porn websites to verify users’ age before allowing them to access explicit content. Under this and similar laws in other states, users must upload their driver’s license or other identification confirming they are 18 or older. 

A similar Texas law was challenged in court by the porn industry, which argued that the law was unenforceable because it would require porn sites to delete users’ personal information after verifying age but could not verify such ages without keeping the information on file. These websites also expressed concerns about privacy, noting that it could subject them to hacking from people who wanted to obtain the sensitive information on users’ identifying information.

A federal judge issues a preliminary injunction to block enforcement of the Texas law, saying the requirements were likely unconstitutional. However, a federal appeals court stayed the injunction, allowing for enforcement of the law. Indiana’s Attorney General asked for a stay until the U.S. Supreme Court issues an official ruling on the Texas law. The U.S. Court of Appeals for the Seventh Circuit has found that Indiana’s law is functionally identical to the Texas law. The law can now temporarily take effect because the stay was issued.

Other Prohibited Content 

In addition to the laws that prohibit child pornography, it may be illegal to access other information on the internet. Viewing certain information could be used as evidence in a criminal case. Potential problems could arise when viewing, accessing, or sharing any of the following:

• Confidential or private information 
• Activities that interfere with others’ work
• Knowingly distributing computer viruses
• Searching for hitmen, prostitutes, drug dealers, or homemade bombs

Call Us for a Free Case Review 

If you’re concerned about your internet viewing history, call us at (317) 678-9853 for a free case consultation with our criminal defense attorneys in Indianapolis.