Chapter 5. Offenses Against Public Sensibility
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,
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
(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.
"Qualified third party"; unlawful transfer of human organisms;
Sec. 3. (a) As used in this section, "qualified third party" means
a fertility clinic or similar medical facility that:
(1) is accredited by an entity approved by the medical licensing
(2) is registered under 21 CFR 1271 with the United States
Food and Drug Administration; and
(3) employs a physician licensed under IC 25-22.5 who:
(A) is board certified in obstetrics and gynecology; and
(B) performs oocyte cryopreservation at the facility.
(b) 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.
(c) This section does not apply to the following:
(1) The transfer to or receipt by either a woman donor of an
ovum or a qualified third party 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 four thousand
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 defined in IC 16-18-2-128.5), as long
as the biological parent has given written consent for the use
of the fetal stem cells.
(d) Any person who recklessly, knowingly, or intentionally uses
a human embryo created with an ovum provided to a qualified third
party under this section for purposes of embryonic stem cell research
commits unlawful use of an embryo, a Class C felony.
As added by P.L.126-2005, SEC.10. Amended by P.L.91-2012,
Unlawful documentation of a gift of organs, tissue, eyes, or body
Sec. 4. An individual who, in order to obtain a financial gain,
intentionally falsifies, forges, conceals, defaces, or obliterates a
(2) makes an amendment or revocation of; or
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.