Bill Text: IN SB0264 | 2012 | Regular Session | Introduced
Bill Title: Child solicitation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0264 Detail]
Download: Indiana-2012-SB0264-Introduced.html
Introduced Version
SENATE BILL No. 264
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-42-4-6.
Synopsis: Child solicitation. Increases the penalty for child solicitation
to a Class B felony if a person commits the offense by using a computer
network and travels to meet the child. Increases the penalty for child
solicitation to a Class B felony if the person committing the crime has
a previous unrelated conviction for child solicitation.
Effective: July 1, 2012.
Head
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
Introduced
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 264
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; (12)IN0264.1.1. -->
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, 2012]: 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).
(b) A person 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
(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:
(1) commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and travels to meet the child or individual the person believes to be a child; or
(2) has a previous unrelated conviction for committingthe an
offense under this section. 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 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:
(1) commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and travels to meet the child or individual the person believes to be a child; or
(2) has a previous unrelated conviction for committingthe an
offense under this section. by using a computer network (as
defined in IC 35-43-2-3(a)).
(d) 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) at some immediate time.
to perform an act described in subsection (b) or (c).
(b) A person 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
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:
(1) commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and travels to meet the child or individual the person believes to be a child; or
(2) has a previous unrelated conviction for committing
(c) 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) commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and travels to meet the child or individual the person believes to be a child; or
(2) has a previous unrelated conviction for committing
(d) 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) at some immediate time.
