First Regular Session 115th General Assembly (2007)
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HOUSE ENROLLED ACT No. 1653
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)HE1653.1.1. -->
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 C felony.
(c) A service provider at least eighteen (18) years of age who
knowingly or intentionally 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.
SOURCE: ; (07)HE1653.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2007] IC 35-44-1-5, as
amended by this act, applies to offenses committed after June 30,
HEA 1653 _ Concur
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