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The State charged Katz with Distribution of an Intimate Image, a crime defined in Indiana Code Section 35-45-4-8. Katz argued the charge must be dismissed because, among other reasons, the statute is unconstitutional under the Free Speech Clauses of the First Amendment to the United States Constitution and Article 1, Section 9 of the Indiana Constitution. The Steuben Circuit Court granted Katz’s motion to dismiss. Although the court ruled that the State’s charging information adequately alleged an offense and that the court has jurisdiction over the case, it agreed with Katz that the statute violates both constitutions. The State appeals directly to this Court, and Katz cross-appeals.