HB 1085

                                                             Introduced Version
           HOUSE BILL No. 1085
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-13-3; IC 34-24-6; IC 34-51-2-6.
Synopsis: 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.
Effective: July 1, 2026.
                                  King
   January 5, 2026, read first time and referred to Committee on Judiciary.
2026  IN 1085—LS 6480/DI 106
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1085
    A BILL FOR AN ACT to amend the Indiana Code concerning civil
 procedure.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 34-13-3-2, AS AMENDED BY P.L.111-2021,
2 SECTION 102, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 2. (a) This chapter applies to a
4 claim or suit in tort against any of the following:
5      (1) The bureau of motor vehicles commission established by
6      IC 9-14-9-1.
7      (2) A member of the bureau of motor vehicles commission board
8      established under IC 9-14-9-2.
9      (3) An employee of the bureau of motor vehicles commission.
10      (4) A member of the driver education advisory board established
11      by IC 9-27-6-5.
12      (5) An approved postsecondary educational institution (as defined
13      in IC 21-7-13-6(a)(1)), or an association acting on behalf of an
14      approved postsecondary educational institution, that:
15(A) shares data with the commission for higher education
16under IC 21-12-12-1; and
17(B) is named as a defendant in a claim or suit in tort based on
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1any breach of the confidentiality of the data that occurs after
2the institution has transmitted the data in compliance with
3IC 21-12-12-1.
4(6) The state fair commission established by IC 15-13-2-1.
5(7) A member of the state fair commission established by
6IC 15-13-2-1 or an employee of the state fair commission.
7(8) The state fair board established by IC 15-13-5-1.
8(9) A member of the state fair board established by IC 15-13-5-1.
9     (b) Section 3 of this chapter does not apply to an action brought
10 under IC 34-24-6-7.
11     SECTION 2. IC 34-13-3-2.5, AS AMENDED BY P.L.111-2021,
12 SECTION 103, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2026]: Sec. 2.5. The addition of section 2(5)
14 2(a)(5) of this chapter by SEA 146-2016, SECTION 1, does not apply
15 to a claim or suit in tort against a postsecondary educational institution
16 if filed before March 30, 2016.
17     SECTION 3. IC 34-24-6 IS ADDED TO THE INDIANA CODE AS
18 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
19 1, 2026]:
20     Chapter 6. Child Sexual Abuse Material
21     Sec. 1. (a) Except as provided in subsection (b), this chapter does
22 not apply to:
23(1) a newspaper or news service that publishes news related
24information through an interactive computer service; or
25(2) an interactive computer service provider that solely
26provides access or connection to an interactive computer
27service or other Internet content that is not under the control
28of that interactive computer service provider.
29     (b) This chapter applies to a person that is:
30(1) an information content provider of prohibited material; or
31(2) an interactive computer service provider that has actual
32knowledge from its own oversight efforts, from notice
33provided by another person, or from any other source that its
34interactive computer service contains prohibited material,
35unless, as soon possible after learning of the prohibited
36material, the person takes immediate voluntary good faith
37actions to remove or block access to the prohibited material.
38     Sec. 2. As used in this chapter, "child sexual abuse material" has
39 the meaning set forth in IC 35-36-10-2.
40     Sec. 3. As used in this chapter, "information content provider"
41 has the meaning set forth in 47 U.S.C. 230(f)(3). The term includes
42 a person that:
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1(1) knowingly engages in conduct, including the use of
2computer programming, algorithms, artificial intelligence, or
3other technology that the person knows is likely to induce
4another information content provider to:
5(A) disseminate prohibited material on the person's
6interactive computer service; or
7(B) allow or facilitate access to prohibited material by
8means of the person's interactive computer service; or
9(2) otherwise materially contributes to the prohibited
10character of the content.
11    Sec. 4. As used in this chapter, "interactive computer service
12 provider" means a person that provides interactive computer
13 service as defined in 47 U.S.C. 230(f)(2). The term includes its
14 affiliates or subsidiaries.
15    Sec. 5. As used in this chapter, "obscene material" means a
16 matter or performance described in IC 35-49-2-1.
17    Sec. 6. As used in this chapter, "prohibited material" means
18 child sexual abuse material or obscene material.
19    Sec. 7. (a) If a person:
20(1) knowingly or intentionally allows or facilitates access to
21prohibited material on an interactive computer service;
22(2) knowingly or intentionally disseminates prohibited
23material by any means on an interactive computer service; or
24(3) is an information content provider of prohibited material
25through an interactive computer service;
26 an individual depicted in the prohibited material, or an individual
27 exposed to the obscene material, may bring a civil action against
28 the person.
29    (b) If the individual depicted in the prohibited material or
30 exposed to the obscene material is a child less than eighteen (18)
31 years of age, the child's parent or guardian may bring a civil action
32 against the person.
33    (c) An individual who prevails in an action described in this
34 section is entitled to:
35(1) actual damages;
36(2) liquidated damages of up to five thousand dollars ($5,000);
37(3) punitive damages;
38(4) injunctive relief; and
39(5) court costs, reasonable attorney's fees, and other
40reasonable expenses of litigation, including expert witness
41fees.
42    Sec. 8. The attorney general may bring an action for injunctive
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1 relief against a person who violates section 7(a)(1) through 7(a)(3)
2 of this chapter.
3    Sec. 9. (a) The immunities in IC 34-13-3-3 (tort claims
4 immunities) do not apply to an action brought under section 7 of
5 this chapter.
6    (b) An action brought by:
7(1) an individual under section 7 of this chapter; and
8(2) the attorney general under section 8 of this chapter;
9 may be brought without the requirement of exhausting
10 administrative remedies, if applicable.
11    SECTION 4. IC 34-51-2-6 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 6. (a) In an action
13 based on fault that is brought against:
14(1) one (1) defendant; or
15(2) two (2) or more defendants who may be treated as a single
16party;
17 the claimant is barred from recovery if the claimant's contributory fault
18 is greater than the fault of all persons whose fault proximately
19 contributed to the claimant's damages.
20    (b) In an action based on fault that is brought against two (2) or
21 more defendants, the claimant is barred from recovery if the claimant's
22 contributory fault is greater than the fault of all persons whose fault
23 proximately contributed to the claimant's damages.
24    (c) This section does not apply to an action brought under
25 IC 34-24-6-7.
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