Citations Affected: IC 35-44-1-5 .
Synopsis: Penalty for sexual relations with prisoners. Makes it a Class
C felony for prison and jail staff to engage in sexual misconduct with
a prisoner. (Current law classifies this crime as a Class D felony).
Effective: July 1, 2003.
January 15, 2003, read first time and referred to Committee on Criminal, Civil and Public
A BILL FOR AN ACT to amend the Indiana Code concerning
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) As used in this
section, "service provider" means a public servant or other person
employed by a governmental entity or another person who provides
goods or services to a person who is subject to lawful detention.
(b) A service provider who knowingly or intentionally engages in sexual intercourse or deviate sexual conduct with a person who is subject to lawful detention commits sexual misconduct, a
Class C felony.
(c) It is not a defense that an act described in subsection (b) was consensual.
(d) This section does not apply to sexual intercourse or deviate sexual conduct between spouses.
SECTION 2. [EFFECTIVE JULY 1, 2003] IC 35-44-1-5 , as amended by this act, applies only to offenses committed after June 30, 2003.