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Bill > HB1085


IN HB1085

IN HB1085
Civil liability for child sexual abuse material.


summary

Introduced
01/05/2026
In Committee
01/05/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Civil liability for child sexual abuse material. Permits an individual depicted in child sexual abuse material or obscene material on the Internet, or exposed to obscene material on the Internet, to bring a civil action against a person who knowingly or intentionally: (1) allows or facilitates access to the material on the Internet; (2) disseminates the material on the Internet; or (3) is a content provider of prohibited material. Allows the attorney general to seek injunctive relief. Creates a safe harbor provision for certain persons under certain conditions. Provides that: (1) comparative fault; and (2) tort claims immunities; do not apply to a civil action based on prohibited material.

AI Summary

This bill creates a new legal framework in Indiana for civil liability related to child sexual abuse material and obscene content on interactive computer services. The legislation allows individuals who are depicted in or exposed to such prohibited material to sue those who knowingly facilitate access to, disseminate, or create such content through interactive computer services. The bill defines key terms like "information content provider" and "interactive computer service provider" and establishes that victims (or their parents/guardians if the victim is a minor) can seek actual damages, up to $5,000 in liquidated damages, punitive damages, injunctive relief, and attorney's fees. The bill provides some protections for internet service providers who promptly remove prohibited material upon learning of its existence and exempts news services and providers who merely provide basic internet access. Additionally, the attorney general is granted the ability to seek injunctive relief against violators, and the bill explicitly states that standard tort claim immunities do not apply to actions brought under this new law. The legislation is set to take effect on July 1, 2026, and aims to create legal recourse for victims of online sexual abuse material by holding content providers and service platforms more accountable for the content they host or enable.

Committee Categories

Justice

Sponsors (2)

Last Action

Representative Goss-Reaves added as coauthor (on 01/13/2026)

bill text


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