February 11, 2005





SENATE BILL No. 233

_____


DIGEST OF SB 233 (Updated February 10, 2005 9:08 am - DI 106)



Citations Affected: IC 35-42; noncode.

Synopsis: Child solicitation. 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).

Effective: July 1, 2005.





Drozda




    January 4, 2005, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    February 10, 2005, amended, reported favorably _ Do Pass.






February 11, 2005

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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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)SB0233.1.1. -->     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) 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)SB0233.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2005] IC 35-42-4-6, as amended by this act, applies to offenses committed after June 30, 2005.