Introduced Version






HOUSE BILL No. 1653

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-44-1-5.

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.)

Effective: July 1, 2007.





Dembowski




    January 23, 2007, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 115th General Assembly (2007)


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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)IN1653.1.1. -->     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) It is not a defense that an act described in subsection (b) was consensual.
    (d) This section does not apply to sexual intercourse or deviate sexual conduct between spouses.