Introduced Version




Citations Affected: IC 35-42-4-12.

Synopsis: Sex offender Internet offense. Makes it a Class D felony for a sex offender to use a social networking Internet web site or an instant messaging or chat room program that is frequented by children. Increases the penalty to a Class C felony if the offender uses the program to contact a child or has a prior conviction under this statute.

Effective: July 1, 2008.

VanDenburgh, Lawson L

    January 8, 2008, read first time and referred to Committee on Judiciary.


Second Regular Session 115th General Assembly (2008)

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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.


    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 35-42-4-12; (08)IN1134.1.1. -->     SECTION 1. IC 35-42-4-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a) As used in this section, "instant messaging or chat room program" means a software program that allows two (2) or more persons to communicate over the Internet in real time using typed text.
    (b) As used in this section, "social networking web site" means an Internet web site that:
        (1) facilitates the social introduction between two (2) or more persons;
        (2) allows a person to create a web page or a personal profile; and
        (3) provides a person who visits the web site the opportunity to communicate with another person.
    (c) A sex offender (as defined in IC 11-8-8-4.5) who knowingly or intentionally:
        (1) uses a social networking web site; or
        (2) uses an instant messaging or chat room program;
that allows a person who is less than eighteen (18) years of age to access or use the web site or program commits a sex offender Internet offense, a Class D felony.
    (d) The offense under subsection (c) is a Class C felony if:
        (1) the offender contacts a child or a person the offender believes to be a child through the social networking web site or instant messaging or chat room program; or
        (2) the offender has a prior unrelated conviction under this section.

SOURCE: ; (08)IN1134.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2008] IC 35-42-4-12, as added by this act, applies only to crimes committed after June 30, 2008.