Bill Text: IN HB1080 | 2012 | Regular Session | Enrolled
Bill Title: Sex offenders.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-03-15 - Signed by the Governor [HB1080 Detail]
Download: Indiana-2012-HB1080-Enrolled.html
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AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age, and the person who kidnapped the victim is not
the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age, and the person who confined or
removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the
victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor (IC 35-42-3.5-1(c)).
(17) Human trafficking (IC 35-42-3.5-1(d)(3)) if the victim is less
than eighteen (18) years of age.
(18) Sexual misconduct by a service provider with a detained
child (IC 35-44-1-5(c)).
(18) (19) An attempt or conspiracy to commit a crime listed in
subdivisions (1) through (17). (18).
(19) (20) A crime under the laws of another jurisdiction,
including a military court, that is substantially equivalent to any
of the offenses listed in subdivisions (1) through (18). (19).
(b) The term includes:
(1) a person who is required to register as a sex offender in any
jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115), or is discharged
from a juvenile detention facility as a result of an adjudication
as a delinquent child for an act that would be an offense
described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
SECTION 2. IC 11-8-8-5, AS AMENDED BY P.L.216-2007,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) Except as provided in section 22 of this
chapter, as used in this chapter, "sex or violent offender" means a
person convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor as a Class A, Class B, or
Class C felony (IC 35-42-4-9), unless:
(A) the person is convicted of sexual misconduct with a minor
as a Class C felony;
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age, and the person who kidnapped the victim is not
the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age, and the person who confined or
removed the victim is not the victim's parent or guardian.
(13) Possession of child pornography (IC 35-42-4-4(c)).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony.
(15) Promotion of human trafficking (IC 35-42-3.5-1(a)(2)) if the
victim is less than eighteen (18) years of age.
(16) Sexual trafficking of a minor (IC 35-42-3.5-1(b)).
(17) Human trafficking (IC 35-42-3.5-1(c)(3)) if the victim is less
than eighteen (18) years of age.
(18) Murder (IC 35-42-1-1).
(19) Voluntary manslaughter (IC 35-42-1-3).
(20) Sexual misconduct by a service provider with a detained child (IC 35-44-1-5(c)).
(b) The term includes:
(1) a person who is required to register as a sex or violent offender in any jurisdiction; and
(2) a child who has committed a delinquent act and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility by the department of correction, is discharged from a secure private facility (as defined in IC 31-9-2-115), or is discharged from a juvenile detention facility as a result of an adjudication as a delinquent child for an act that would be an offense described in subsection (a) if committed by an adult; and
(C) is found by a court by clear and convincing evidence to be likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(2)(C), the court shall consider expert testimony concerning whether a child is likely to repeat an act that would be an offense described in subsection (a) if committed by an adult.
SECTION 3. IC 35-42-3.5-1, AS AMENDED BY SEA 4-2012, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) A person who, by force, threat of force, or fraud, knowingly or intentionally recruits, harbors, or transports another person:
(1) to engage the other person in:
(A) forced labor; or
(B) involuntary servitude; or
(2) to force the other person into:
(A) marriage;
(B) prostitution; or
(C) participating in sexual conduct (as defined by IC 35-42-4-4);
commits promotion of human trafficking, a Class B felony.
(b) A person who knowingly or intentionally recruits, harbors, or transports a child less than sixteen (16) years of age with the intent of:
(1) engaging the child in:
(A) forced labor; or
(B) involuntary servitude; or
(2) inducing or causing the child to:
(A) engage in prostitution; or
(B) participate in sexual conduct (as defined by IC 35-42-4-4);
commits promotion of human trafficking of a minor, a Class B felony. Except as provided in subsection (e), it is not a defense to a prosecution under this subsection that the child consented to engage in prostitution or to participate in sexual conduct.
(c) A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than sixteen (16) years of age for the purpose of prostitution or participating in sexual conduct (as defined by IC 35-42-4-4) commits sexual trafficking of a minor, a Class A felony.
(d) A person who knowingly or intentionally pays, offers to pay, or agrees to pay money or other property to another person for an individual who the person knows has been forced into:
(1) forced labor;
(2) involuntary servitude; or
(3) prostitution;
commits human trafficking, a Class C felony.
(e) It is a defense to a prosecution under subsection (b)(2)(B) if:
(1) the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person is less than eighteen (18) years of age; or
(2) all the following apply:
(A) The person is not more than four (4) years older than the victim.
(B) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term "ongoing personal relationship" does not include a family relationship.
(C) The crime:
(i) was not committed by a person who is at least twenty-one (21) years of age;
(ii) was not committed by using or threatening the use of deadly force;
(iii) was not committed while armed with a deadly weapon;
(iv) did not result in serious bodily injury;
(v) was not facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished
with the drug or controlled substance without the
victim's knowledge; and
(vi) was not committed by a person having a position of
authority or substantial influence over the victim.
(D) The person has not committed another sex offense (as
defined in IC 11-8-8-5.2), including a delinquent act that
would be a sex offense if committed by an adult, against
any other person.
SECTION 4. IC 35-42-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) A person who,
with intent to arouse or satisfy the person's own sexual desires or the
sexual desires of another person:
(1) touches another person when that person is:
(1) (A) compelled to submit to the touching by force or the
imminent threat of force; or
(2) (B) so mentally disabled or deficient that consent to the
touching cannot be given; or
(2) touches another person's genitals, pubic area, buttocks, or
female breast when that person is unaware that the touching
is occurring;
commits sexual battery, a Class D felony.
(b) An offense described in subsection (a) is a Class C felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
HEA 1080
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