Bill Text: IN SB0026 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child solicitation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-28 - Pursuant to Senate Rule 65(b), reassigned to Appropriations. [SB0026 Detail]

Download: Indiana-2010-SB0026-Introduced.html

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Introduced Version

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SENATE BILL No. 26

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 35-42-4-6.

Synopsis: Child solicitation. Makes child solicitation committed by a person at least 21 years of age against a child under 14 years of age a Class C felony if the person performs an overt act demonstrating an intent to physically meet the child. Enhances the penalty to a Class B felony if it is committed by means of a computer network, and to a Class A felony if it is committed by means of a computer network by a person who has a prior conviction for child solicitation by means of a computer network. (The introduced version of this bill was prepared by the sentencing policy study committee.)

Effective: July 1, 2010.

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Head

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    January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.

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Introduced

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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SENATE BILL No. 26

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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 35-42-4-6; (10)IN0026.1.1. -->     SECTION 1. IC 35-42-4-6, AS AMENDED BY P.L.216-2007, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) As used in this section, "solicit" means to command, authorize, urge, incite, request, or advise an individual:
        (1) in person;
        (2) by telephone;
        (3) in writing;
        (4) by using a computer network (as defined in IC 35-43-2-3(a));
        (5) by advertisement of any kind; or
        (6) by any other means;
to perform an act described in subsection (b), or (c), or (d).
    (b) Except as provided in subsection (c), a person at least eighteen (18) years of age or older who knowingly or intentionally solicits a child under fourteen (14) years of age, or an individual the person believes to be a child under fourteen (14) years of age, to engage in:
        (1) sexual intercourse;
        (2) deviate sexual conduct; or

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        (3) any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person;
commits child solicitation, a Class D felony. However, the offense is a Class C felony if it is committed by using a computer network (as defined in IC 35-43-2-3(a)), and a Class B felony if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and has a previous unrelated conviction for committing the offense by using a computer network (as defined in IC 35-43-2-3(a)).
     (c) A person at least twenty-one (21) years of age who:
        (1) knowingly or intentionally solicits a child under fourteen (14) years of age, or an individual the person believes to be a child under fourteen (14) years of age, to engage in:
            (A) sexual intercourse;
            (B) deviate sexual conduct; or
            (C) any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person; and
         (2) performs an overt act demonstrating an intent to physically meet the child;
commits child solicitation, a Class C felony. However, the offense is a Class B felony if it is committed by using a computer network (as defined in IC 35-43-2-3(a)), and a Class A felony if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and has a previous unrelated conviction for committing the offense by using a computer network (as defined in IC 35-43-2-3(a)).
    (c) (d) A person at least twenty-one (21) years of age who knowingly or intentionally solicits a child at least fourteen (14) years of age but less than sixteen (16) years of age, or an individual the person believes to be a child at least fourteen (14) years of age but less than sixteen (16) years of age, to engage in:
        (1) sexual intercourse;
        (2) deviate sexual conduct; or
        (3) any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person;
commits child solicitation, a Class D felony. However, the offense is a Class C felony if it is committed by using a computer network (as defined in IC 35-43-2-3(a)), and a Class B felony if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and has a previous unrelated conviction for committing the offense by using a computer network (as defined in

IC 35-43-2-3(a)).
    (d) (e) In a prosecution under this section, including a prosecution for attempted solicitation, the state is not required to prove that the person solicited the child to engage in an act described in subsection (b), or (c), or (d) at some immediate time.

SOURCE: ; (10)IN0026.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2010] IC 35-42-4-6, as amended by this act, applies only to crimes committed after June 30, 2010.