Bill Text: IN SB0053 | 2013 | Regular Session | Enrolled
Bill Title: Child seduction.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 208 [SB0053 Detail]
Download: Indiana-2013-SB0053-Enrolled.html
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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AN ACT to amend the Indiana Code concerning criminal law and procedure.
JULY 1, 2013]: Sec. 284. "School corporation", for purposes of
IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(h).
IC 35-42-4-7(j).
(b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent.
(c) As used in this section, "charter school" has the meaning set forth in IC 20-18-2-2.5.
(d) As used in this section, "child care worker" means a person who:
(1) provides care, supervision, or instruction to a child within the scope of the person's employment in a shelter care facility;
(2) is employed by a:
(A) school corporation;
(B) charter school;
(C) nonpublic school; or
(D) special education cooperative;
attended by a child who is the victim of a crime under this chapter; or
(3) is:
(A) affiliated with a:
(i) school corporation;
(ii) charter school;
(iii) nonpublic school; or
(iv) special education cooperative;
attended by a child who is the victim of a crime under this chapter, regardless of how or whether the person is compensated;
(B) in a position of trust in relation to a child who attends the school or cooperative;
(C) engaged in the provision of care or supervision to a child
who attends the school or cooperative; and
(D) at least four (4) years older than the child who is the
victim of a crime under this chapter.
The term does not include a student who attends the school or
cooperative.
(e) As used in this section, "custodian" means any person who
resides with a child and is responsible for the child's welfare.
(f) As used in this section, "mental health professional" means:
(1) a mental health counselor licensed under IC 25-23.6-8.5;
(2) a psychologist; or
(3) a psychiatrist.
(f) (g) As used in this section, "military recruiter" means a member
of the armed forces of the United States (as defined in IC 20-33-10-2)
or the Indiana National Guard whose primary job function,
classification, or specialty is recruiting individuals to enlist with the
armed forces of the United States or the Indiana National Guard.
(g) (h) As used in this section, "nonpublic school" has the meaning
set forth in IC 20-18-2-12.
(i) For purposes of this section, a person has a "professional
relationship" with a child if:
(1) the person:
(A) has a license issued by the state or a political
subdivision on the basis of the person's training and
experience that authorizes the person to carry out a
particular occupation; or
(B) is employed in a position in which counseling,
supervising, instructing, or recruiting children forms a
significant part of the employment; and
(2) the person has a relationship with a child that is based on
the person's employment or licensed status as described in
subdivision (1).
The term includes a relationship between a child and a mental
health professional or military recruiter. The term does not include
a coworker relationship between a child and a person described in
subdivision (1)(B).
(h) (j) As used in this section, "school corporation" has the meaning
set forth in IC 20-18-2-16.
(i) (k) As used in this section, "special education cooperative" has
the meaning set forth in IC 20-35-5-1.
(j) (l) As used in this section, "stepparent" means an individual who
is married to a child's custodial or noncustodial parent and is not the
child's adoptive parent.
(1) is at least eighteen (18) years of age; and
(2) is the:
(A) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
(B) child care worker for;
a child at least sixteen (16) years of age but less than eighteen (18) years of age;
engages with the child in sexual intercourse, deviate sexual conduct (as defined in IC 35-31.5-2-94), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction.
(n) A person who:
(1) has or had a professional relationship with a child at least sixteen (16) years of age but less than eighteen (18) years of age whom the person knows to be at least sixteen (16) years of age but less than eighteen (18) years of age;
(2) may exert undue influence on the child because of the person's current or previous professional relationship with the child; and
(3) uses or exerts the person's professional relationship to engage in sexual intercourse, deviate sexual conduct, or any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the person;
commits child seduction.
(o) In determining whether a person used or exerted the person's professional relationship with the child to engage in sexual intercourse, deviate sexual conduct, or any fondling or touching with the intent to arouse or satisfy the sexual desires of the child or the person under subsection (n), the trier of fact may consider one (1) or more of the following:
(1) The age difference between the person and the child.
(2) Whether the person was in a position of trust with respect to the child.
(3) Whether the person's conduct with the child violated any ethical obligations of the person's profession or occupation.
(4) The authority that the person had over the child.
(5) Whether the person exploited any particular vulnerability of the child.
(6) Any other evidence relevant to the person's ability to exert undue influence over the child.
(p) Child seduction under this section is:
(1) a Class D felony if the person engaged in any fondling or touching with the intent to arouse or satisfy the sexual desires of the child or the person; and
(2) a Class C felony if the person engaged in sexual intercourse or deviate sexual conduct with the child.
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