Reprinted
February 20, 2007
HOUSE BILL No. 1653
_____
DIGEST OF HB 1653
(Updated February 19, 2007 5:23 pm - DI 103)
Citations Affected: IC 35-44; noncode.
Synopsis: Sexual misconduct with an inmate. Makes it a Class C
felony for a service provider to knowingly or intentionally engage in
sexual intercourse or deviate sexual conduct with a person who is
lawfully detained. (Under current law, the offense is a Class D felony.)
Makes it a Class B felony for a service provider who is at least 18 years
of age to engage in sexual intercourse or deviate sexual conduct with
a lawfully detained person who is less than 18 years of age.
Effective: July 1, 2007.
January 23, 2007, read first time and referred to Committee on Courts and Criminal Code.
February 15, 2007, reported _ Do Pass.
February 19, 2007, read second time, amended, ordered engrossed.
Reprinted
February 20, 2007
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1653
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 35-44-1-5; (07)HB1653.2.1. -->
SECTION 1. IC 35-44-1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: 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 D
Class C felony.
(c) A service provider at least eighteen (18) years of age who
engages in sexual intercourse or deviate sexual conduct with a
person who is:
(1) less than eighteen (18) years of age; and
(2) subject to lawful detention;
commits sexual misconduct, a Class B felony.
(c) (d) It is not a defense that an act described in subsection (b) or
(c) was consensual.
(d) (e) This section does not apply to sexual intercourse or deviate
sexual conduct between spouses.