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
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.
January 5, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(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,
(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.
