CHAPTER 5. OFFENSES AGAINST PUBLIC SENSIBILITY

IC 35-46-5

    

Chapter 5. Offenses Against Public Sensibility

IC 35-46-5-1

Human tissue trafficking

    

Sec. 1. (a) As used in this section, "fetal tissue" means tissue from
an infant or a fetus who is stillborn or aborted.

    (b) As used in this section, "human organ" means the kidney,
liver, heart, lung, cornea, eye, bone marrow, bone, pancreas, or skin
of a human body.

    (c) As used in this section, "item of value" means money, real
estate, funeral related services, and personal property. "Item of
value" does not include:

        (1) the reasonable payments associated with the removal,
transportation, implantation, processing, preservation, quality
control, and storage of a human organ; or

        (2) the reimbursement of travel, housing, lost wages, and other
expenses incurred by the donor of a human organ related to the
donation of the human organ.

    (d) A person who intentionally acquires, receives, sells, or
transfers in exchange for an item of value:

        (1) a human organ for use in human organ transplantation; or

        (2) fetal tissue;

commits unlawful transfer of human tissue, a Class C felony.

As added by P.L.131-1992, SEC.2. Amended by P.L.217-1997,
SEC.1.

IC 35-46-5-2

Unlawful participation in human cloning; exception

    

Sec. 2. (a) This section does not apply to in vitro fertilization.

    (b) As used in this section, "cloning" has the meaning set forth in
IC 16-18-2-56.5.

    (c) A person who knowingly or intentionally:

        (1) participates in cloning;

        (2) implants or attempts to implant a cloned human embryo into
a uterine environment to initiate a pregnancy; or

        (3) ships or receives a cloned human embryo;

commits unlawful participation in human cloning, a Class D felony.

As added by P.L.126-2005, SEC.9.

IC 35-46-5-3

Unlawful transfer of human organisms; exceptions

    

Sec. 3. (a) A person who knowingly or intentionally purchases or
sells a human ovum, zygote, embryo, or fetus commits unlawful
transfer of a human organism, a Class C felony.

    (b) This section does not apply to the following:

        (1) The transfer to or receipt by a woman donor of an ovum of
an amount for:

            (A) earnings lost due to absence from employment;

            (B) travel expenses;

            (C) hospital expenses;

            (D) medical expenses; and

            (E) recovery time in an amount not to exceed three thousand
dollars ($3,000);

        concerning a treatment or procedure to enhance human
reproductive capability through in vitro fertilization, gamete
intrafallopian transfer, or zygote intrafallopian transfer.

        (2) The following types of stem cell research:

            (A) Adult stem cell.

            (B) Fetal stem cell, as long as the biological parent has given
written consent for the use of the fetal stem cells.

As added by P.L.126-2005, SEC.10.

IC 35-46-5-4

Unlawful documentation of a gift of organs, tissue, eyes, or body
parts

    

Sec. 4. An individual who, in order to obtain a financial gain,
intentionally falsifies, forges, conceals, defaces, or obliterates a
document that:

        (1) expresses;

        (2) makes an amendment or revocation of; or

        (3) refuses;

a gift of organs, tissues, eyes, or other body parts intended to be used
in research or in transplants, commits a Class A misdemeanor.

As added by P.L.147-2007, SEC.18.