Indiana § 34-20-9-1 - Indemnification from person actually at fault for defect

§ 34-20-9-1. Indemnification from person actually at fault for defect

Sec. 1. This article does not affect the right of any person who is found liable to seek and obtain indemnity from any other person whose actual fault caused a product to be defective.

[Pre-1998 Recodification Citation: 33-1-1.5-6.]

As added by P.L.1-1998, SEC.15.

IC 34-21ARTICLE 21. REPEALED[Pre-1998 Recodification Citations:

34-21-1-1formerly 34-1-9.1-134-21-2-1formerly 34-1-9.1-2 part34-21-2-2formerly 34-1-9.1-2 part34-21-2-3formerly 34-1-9.1-2 part34-21-3-1formerly 34-1-9.1-3 part34-21-3-2formerly 34-1-9.1-3 part34-21-3-3formerly 34-1-9.1-3 part34-21-4-1formerly 34-1-9.1-4 part34-21-4-2formerly 34-1-9.1-4 part34-21-4-3formerly 34-1-9.1-4 part34-21-4-4formerly 34-1-9.1-4 part34-21-4-5formerly 34-1-9.1-4 part34-21-4-6formerly 34-1-9.1-4 part34-21-4-7formerly 34-1-9.1-5 part34-21-4-8formerly 34-1-9.1-5 part34-21-4-9formerly 34-1-9.1-5 part34-21-4-10formerly 34-1-9.1-5 part34-21-4-11formerly 34-1-9.1-7 part34-21-4-12formerly 34-1-9.1-7 part34-21-4-13formerly 34-1-9.1-1334-21-5-1formerly 34-1-9.1-634-21-5-2formerly 34-1-9.1-8 part34-21-5-3formerly 34-1-9.1-8 part34-21-5-4formerly 34-1-9.1-8 part34-21-5-5formerly 34-1-9.1-8 part34-21-6-1formerly 34-2-4-134-21-7-1formerly 34-1-9.1-9 part34-21-7-2formerly 34-1-9.1-9 part34-21-8-1formerly 34-1-9.1-10 part34-21-8-2formerly 34-1-9.1-10 part34-21-8-3formerly 34-1-9.1-1134-21-8-4formerly 34-1-9.1-1234-21-9-1formerly 34-1-27-1 part34-21-9-2formerly 34-1-27-1 part34-21-10-1formerly 34-1-22-2.]Repealed by P.L.2-2002, SEC.128.

IC 34-21.5ARTICLE 21.5. CAUSES OF ACTION: NONCONSENSUAL PORNOGRAPHY

Ch. 1.Application Ch. 2.Definitions Ch. 3.Disclosing Nonconsensual Pornography

IC 34-21.5-1Chapter 1. Application

34-21.5-1-1Application 34-21.5-1-2Exceptions 34-21.5-1-3Public figures

IC 34-21.5-1-1Application Sec. 1. Except as provided in sections 2 and 3 of this chapter, this article does not apply to the following:

(1) A photograph, digital image, or video that is disclosed in good faith:

(A) to report a possible criminal act;

(B) in connection with a criminal investigation;

(C) under a court order;

(D) by a news reporting or an entertainment medium (as defined in IC 32-36-1-4); or

(E) as a matter of public concern or public interest.

(2) The disclosure of an intimate image of a child by the child's parent, legal guardian, or legal custodian.

As added by P.L.29-2019, SEC.4. Amended by P.L.23-2026, SEC.275.

IC 34-21.5-1-2Exceptions Sec. 2. The exceptions provided in section 1 of this chapter do not apply if a plaintiff provides that the disclosure was:

(1) prohibited by law other than this article; or

(2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

As added by P.L.29-2019, SEC.4.

IC 34-21.5-1-3Public figures Sec. 3. The disclosure of an intimate image is not a matter of public concern or public interest under section 1 of this chapter solely because the depicted individual is a public figure.

As added by P.L.29-2019, SEC.4.

IC 34-21.5-2Chapter 2. Definitions

34-21.5-2-1Definitions

IC 34-21.5-2-1Definitions Sec. 1. The following definitions apply throughout this article:

(1) "Computer generated image" means a photograph, digital image, or video of an individual created or modified by means of a computer software program, artificial intelligence, application, or other design editing tools.

(2) "Disclosure" means display, transfer, publication, or distribution to another person.

(3) "Distribute" means to transfer to another person in, or by means of, any medium, forum, telecommunications device or network, or Internet web site.

(4) "Harm" includes:

(A) physical harm;

(B) economic harm; and

(C) emotional distress, whether or not accompanied by physical or economic harm.

(5) "Identifiable" means recognizable by a person other than the depicted individual:

(A) from an intimate image itself; or

(B) from an intimate image and identifying characteristic disclosed in connection with the intimate image.

(6) "Intimate image" means a photograph, digital image, computer generated image, or video that depicts:

(A) an individual engaging in sexual intercourse;

(B) an individual engaging in other sexual conduct (as defined in IC 35-31.5-2-221.5); or

(C) the exhibition of the uncovered buttocks, genitals, or female breast of an individual.

As added by P.L.29-2019, SEC.4. Amended by P.L.79-2024, SEC.2.

IC 34-21.5-3Chapter 3. Disclosing Nonconsensual Pornography

34-21.5-3-1Action for disclosure of nonconsensual pornography 34-21.5-3-2Damages; attorney's fees 34-21.5-3-3Statute of limitations 34-21.5-3-4No liability for interactive computer services based on third party content

IC 34-21.5-3-1Action for disclosure of nonconsensual pornography Sec. 1. (a) A depicted individual who is identifiable and suffered harm may bring an action for disclosing nonconsensual pornography against a person who:

(1) creates or obtains an intimate image of the depicted individual:

(A) under circumstances in which a reasonable person would know or understand that the intimate image of the depicted individual was to remain private, including but not limited to an intimate image shared within the context of a sexual relationship that was then disclosed beyond that relationship;

(B) under false pretenses; or

(C) without authorization or by exceeding authorized access to property, accounts, messages, files, devices, or resources;

(2) discloses the intimate image depicting the individual to a third party, with the intent to:

(A) harass;

(B) intimidate;

(C) threaten;

(D) coerce;

(E) embarrass;

(F) gain profit at the expense of; or

(G) cause physical or financial injury or serious emotional distress to;

the depicted person; and

(3) knows or acts with reckless disregard for whether the depicted individual:

(A) was identifiable in the intimate image; and

(B) did not consent to the disclosure of the intimate image to a third party.

(b) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this section or that the individual lacked a reasonable expectation of privacy:

(1) The individual's consent to the creation of the image.

(2) The individual's previous consensual disclosure of the image.

(c) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.

As added by P.L.29-2019, SEC.4.

IC 34-21.5-3-2Damages; attorney's fees Sec. 2. (a) An individual who prevails in an action brought under this chapter may recover:

(1) the greater of:

(A) economic and noneconomic damages proximately caused by the defendant's disclosure, including damages for emotional distress whether or not accompanied by other damages; or

(B) statutory damages not to exceed ten thousand dollars ($10,000) against each defendant found liable under this chapter for all disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action;

(2) an amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and

(3) punitive damages.

(b) In determining the amount of statutory damages under subsection (a)(1)(B), the trier of fact shall consider the following:

(1) The age of the parties at the time of the disclosure.

(2) The number of persons to whom the intimate image was disclosed.

(3) The breadth of distribution of the image by the defendant.

(4) Whether the person who disclosed or distributed the intimate image received any compensation for the disclosure or distribution.

(5) Whether, and to what extent, the disclosure or distribution of the intimate image was willful.

(6) Any other circumstances surrounding the disclosure or distribution of the intimate image that relate to the severity of the harm suffered by the individual depicted in the intimate image.

(c) In addition, an individual who prevails in an action brought under this chapter is entitled to:

(1) reasonable attorney's fees;

(2) court costs; and

(3) additional relief, including injunctive relief.

(d) Punitive damages awarded under this section are not subject to IC 34-51-3-4, IC 34-51-3-5, or IC 34-51-3-6.

(e) This section does not affect other rights or remedies available under the law of the state.

As added by P.L.29-2019, SEC.4.

IC 34-21.5-3-3Statute of limitations Sec. 3. (a) An action under section 1 of this chapter may be brought no later than four (4) years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence.

(b) In an action under section 1 of this chapter by a depicted individual who was a minor on the date of disclosure, the time specified in subsection (a) does not begin to run until the depicted individual reaches the age of majority.

As added by P.L.29-2019, SEC.4.

IC 34-21.5-3-4No liability for interactive computer services based on third party content Sec. 4. Nothing in this article shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. 230(f)(2), for content provided by another person.

As added by P.L.29-2019, SEC.4.

IC 34-22ARTICLE 22. CAUSES OF ACTION: SURETY'S REMEDIES AGAINST PRINCIPAL

Ch. 1.Remedies of Sureties Against Their Principals

IC 34-22-1Chapter 1. Remedies of Sureties Against Their Principals

34-22-1-1Applicability of chapter; surety may require creditor or obligee to commence action on contract 34-22-1-2Discharge of surety 34-22-1-3Trial on issue of suretyship; two or more defendants 34-22-1-4Order of levy upon property of principal and surety 34-22-1-5Judgment remaining in force for use of surety or other person making payment 34-22-1-6Remedies against codefendants and cosureties 34-22-1-7When confessed judgment or default judgment by surety not permitted 34-22-1-8No relief from valuation or appraisement laws 34-22-1-9Applicability of provisions to heirs, executors, administrators, and persons under legal disabilities 34-22-1-10Surety's recovery of interest on debt paid