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
Effective: July 1, 2005.
Your Conference Committee appointed to confer with a like committee from the House 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:
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.
Senator DrozdaRepresentative Ulmer
Senator LewisRepresentative Lawson L
Senate Conferees House Conferees