Bill Text: IN SB0111 | 2011 | Regular Session | Introduced


Bill Title: Child seduction.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0111 Detail]

Download: Indiana-2011-SB0111-Introduced.html


Introduced Version






SENATE BILL No. 111

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-42-4-7.

Synopsis: Child seduction. Provides that a law enforcement officer who engages in sexual conduct with a child who is at least 16 years of age and less than 18 years of age and at least five years younger than the law enforcement officer commits child seduction, a Class D felony.

Effective: July 1, 2011.





Yoder




    January 5, 2011, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

First Regular Session 117th General Assembly (2011)


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SENATE BILL No. 111



    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 35-42-4-7; (11)IN0111.1.1. -->     SECTION 1. IC 35-42-4-7, AS AMENDED BY P.L.125-2009, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) As used in this section, "adoptive parent" has the meaning set forth in IC 31-9-2-6.
    (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, "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) As used in this section, "nonpublic school" has the meaning set forth in IC 20-18-2-12.
    (h) As used in this section, "school corporation" has the meaning set forth in IC 20-18-2-16.
    (i) As used in this section, "special education cooperative" has the meaning set forth in IC 20-35-5-1.
    (j) 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.
    (k) If a person who:
        (1) is at least eighteen (18) years of age; and
        (2) is:
            (A) the:
                (i) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
                (ii) child care worker for; or
            (B) a military recruiter who is attempting to enlist;


        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 35-41-1-9), 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, a Class D felony.
     (l) A law enforcement officer who:
        (1) engages with a child at least sixteen (16) years of age but less than eighteen (18) years of age in sexual intercourse, deviate sexual conduct, or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the law enforcement officer; and
        (2) is at least five (5) years older than the child;
commits child seduction, a Class D felony.

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