Introduced Version






HOUSE BILL No. 1324

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-42-4-3.

Synopsis: Child molesting. Elevates child molesting to a Class B felony if the child is compelled to submit to the fondling or touching by force or the threat of force.

Effective: July 1, 2011.





Steuerwald




    January 13, 2011, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 117th General Assembly (2011)


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HOUSE BILL No. 1324



    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 35-42-4-3; (11)IN1324.1.1. -->     SECTION 1. IC 35-42-4-3, AS AMENDED BY P.L.216-2007, SECTIONls6 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) A person who, with a child under fourteen (14) years of age, performs or submits to sexual intercourse or deviate sexual conduct commits child molesting, a Class B felony. However, the offense is a Class A felony if:
        (1) it is committed by a person at least twenty-one (21) years of age;
        (2) it is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
        (3) it results in serious bodily injury; or
        (4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    (b) A person who, with a child under fourteen (14) years of age,

performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits child molesting, a Class C felony. However, the offense:
         (1) is a Class B felony if the person compels the child to submit to the fondling or touching by using or threatening to use force; and
        (2)
is a Class A felony if:
            (1) (A) it is committed by using or threatening the use of deadly force;
            (2) (B) it is committed while armed with a deadly weapon; or
            (3) (C) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
    (c) It is a defense that the accused person reasonably believed that the child was sixteen (16) years of age or older at the time of the conduct, unless:
        (1) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
        (2) the offense results in serious bodily injury; or
        (3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.