SENATE BILL No. 233
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-42-4-6.
Synopsis: Child solicitation. Provides that the crime of child
solicitation is committed by soliciting a child under 16 years of age,
rather than a child under 14 years of age.
Effective: July 1, 2005.
January 4, 2005, read first time and referred to Committee on Corrections, Criminal, and
First Regular Session 114th General Assembly (2005)
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SENATE BILL No. 233
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; (05)IN0233.1.1. -->
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).
(b) A person eighteen (18) years of age or older who knowingly or
intentionally solicits a child under
fourteen (14) sixteen (16) years of
age, or an individual the person believes to be a child under fourteen
(14) 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) 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) at
some immediate time.
SOURCE: ; (05)IN0233.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2005] IC 35-42-4-6, as
amended by this act, applies to offenses committed after June 30,