Citations Affected:
IC 35-42-2-1.3.
Synopsis: Crime in the presence of a child. Makes domestic battery a
Class D felony if it is committed in the presence of an unemancipated
child less than eighteen (18) years of age.
Effective: July 1, 2001.
January 9, 2001, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1.
IC 35-42-2-1.3
, AS AMENDED BY P.L.47-2000,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1.3. (a) A person who knowingly or intentionally
touches a person who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the other person; or
(3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the
person described in subdivision (1), (2), or (3) commits domestic
battery, a Class A misdemeanor.
(b) However, the The offense is a Class D felony if the person;
(1) has a previous, unrelated conviction under this section (or
IC 35-42-2-1
(a)(2)(E) before its repeal); or
(2) commits the offense in the presence of an unemancipated
child less than eighteen (18) years of age.