SB 233-1_ Filed 04/25/2005, 12:35
Adopted 4/26/2005

CONFERENCE COMMITTEE REPORT

DIGEST FOR ESB 233



Citations Affected: IC 35-42-4-6.

Synopsis: Child solicitation. Conference committee report for ESB 233. Provides that a person at least 21 years of age commits the crime of soliciting a child if the person solicits a child at least 14 but less than 16 years of age. (Does not change current law that a person at least 18 years of age commits the crime of soliciting a child if the person solicits a child under 14 years of age.) (This conference committee report removes provisions concerning intimidation and panhandling.)

Effective: July 1, 2005.



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Adopted Rejected


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CONFERENCE COMMITTEE REPORT

MR. SPEAKER:
    Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 233 respectfully reports that said two committees have conferred and agreed as follows to wit:

    that the Senate recede from its dissent from all House amendments and that the Senate now concur in all House amendments to the bill and that the bill be further amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 35-42-4-6; (05)CC023301.1. -->     SECTION 1. IC 35-42-4-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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)).
     (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)).

    (c) (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.
SOURCE: ; (05)CC023301.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2005] IC 35-42-4-6, as amended by this act, applies only to offenses committed after June 30, 2005.
    (Reference is to ESB 233 as printed April 1, 2005.)




Conference Committee Report

on

Engrossed Senate Bill 233



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igned by:

    ____________________________    ____________________________
    Senator DrozdaRepresentative Ulmer
    Chairperson

    ____________________________    ____________________________
    Senator LewisRepresentative Lawson L

    Senate Conferees    House Conferees


CC023301/DI 106
2005