Bill Text: IN HB1097 | 2010 | Regular Session | Introduced

Bill Title: Halloween enticement.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Courts and Criminal Code [HB1097 Detail]

Download: Indiana-2010-HB1097-Introduced.html

Introduced Version




Citations Affected: IC 35-42-4-14.

Synopsis: Halloween enticement. Makes it a Class D felony for an offender against children to knowingly or intentionally participate in Halloween by offering or appearing to offer candy or another item to trick or treaters.

Effective: July 1, 2010.

Walorski, Clere

    January 5, 2010, read first time and referred to Committee on Courts and Criminal Code.


Second Regular Session 116th General Assembly (2010)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-42-4-14; (10)IN1097.1.1. -->     SECTION 1. IC 35-42-4-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 14. (a) As used in this section, "Halloween" means:
        (1) the period between 4 p.m. and 10 p.m. on October 31; and
        (2) the designated date and time for trick or treating established by a local community.
    (b) As used in this section, "offender against children" has the meaning set forth in section 11 of this chapter.
    (c) As used in this section, "participates in Halloween" means to do one (1) or more of the following on Halloween:
        (1) Hand out candy or another item to persons who are trick or treating.
        (2) Give the appearance that the person intends to hand out candy or another item to a person who is trick or treating.
The term includes leaving a porch light on during Halloween or displaying a pumpkin or jack-o'-lantern during Halloween.
    (d) An offender against children who knowingly or intentionally

participates in Halloween commits Halloween enticement, a Class D felony.