Citations Affected:
IC 35-41-4-2
;
IC 35-42-4-7.
Synopsis: Sexual offenses against a child. Provides that a prosecution
for sexual misconduct with a minor, if it is committed by a person who
is at least 21 years of age, may be commenced during any period before
the alleged victim of the offense becomes 31 years of age. Makes child
seduction a Class B felony instead of a Class D felony. Makes a
technical correction.
Effective: July 1, 2001.
January 9, 2001, read first time and referred to Committee on Courts and Criminal Code.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
reaches thirty-one (31) years of age:
(1)
IC 35-42-4-3
(a) (Child molesting).
(2)
IC 35-42-4-5
(Vicarious sexual gratification).
(3)
IC 35-42-4-6
(Child solicitation).
(4)
IC 35-42-4-7
(Child seduction).
(5)
IC 35-42-4-9
(Sexual misconduct with a minor), if it is
committed by a person who is at least twenty-one (21) years
of age on the date the offense is committed.
(6)
IC 35-46-1-3
(Incest).
(e) Notwithstanding subsection (c)(1), a prosecution for child
molesting under IC 35-42-4-3(c) or IC 35-42-4-3(d) where a person
who is at least sixteen (16) years of age allegedly commits the offense
against a child who is not more than two (2) years younger than the
older person, is barred unless commenced within five (5) years after the
commission of the offense.
(f) (e) A prosecution for forgery of an instrument for payment of
money, or for the uttering of a forged instrument, under
IC 35-43-5-2
,
is barred unless it is commenced within five (5) years after the maturity
of the instrument.
(g) (f) If a complaint, indictment, or information is dismissed
because of an error, defect, insufficiency, or irregularity, a new
prosecution may be commenced within ninety (90) days after the
dismissal even if the period of limitation has expired at the time of
dismissal, or will expire within ninety (90) days after the dismissal.
(h) (g) The period within which a prosecution must be commenced
does not include any period in which:
(1) the accused person is not usually and publicly resident in
Indiana or so conceals himself that process cannot be served on
him;
(2) the accused person conceals evidence of the offense, and
evidence sufficient to charge him with that offense is unknown to
the prosecuting authority and could not have been discovered by
that authority by exercise of due diligence; or
(3) the accused person is a person elected or appointed to office
under statute or constitution, if the offense charged is theft or
conversion of public funds or bribery while in public office.
(i) (h) For purposes of tolling the period of limitation only, a
prosecution is considered commenced on the earliest of these dates:
(1) The date of filing of an indictment, information, or complaint
before a court having jurisdiction.
(2) The date of issuance of a valid arrest warrant.
(3) The date of arrest of the accused person by a law enforcement
officer without a warrant, if the officer has authority to make the
arrest.
(j) (i) A prosecution is considered timely commenced for any
offense to which the defendant enters a plea of guilty, notwithstanding
that the period of limitation has expired.