First Regular Session 115th General Assembly (2007)


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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    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 D 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, 2007.


HEA 1653 _ Concur

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