January 23, 2012





HOUSE BILL No. 1080

_____


DIGEST OF HB 1080 (Updated January 20, 2012 2:39 pm - DI 69)



Citations Affected: IC 35-42.

Synopsis: Sexual battery. Makes it sexual battery, a Class D felony, for a person to, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person, touch another person when that person is unaware that the touching is occurring.

Effective: July 1, 2012.





Frye R, Eberhart




    January 9, 2012, read first time and referred to Committee on Courts and Criminal Code.
    January 23, 2012, reported _ Do Pass.






January 23, 2012

Second Regular Session 117th General Assembly (2012)


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 BILL No. 1080



    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 35-42-4-8; (12)HB1080.1.1. -->     SECTION 1. IC 35-42-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person, touches another person when that person is:
        (1) compelled to submit to the touching by force or the imminent threat of force; or
         (2) unaware that the touching is occurring; or
        (2) (3) so mentally disabled or deficient that consent to the touching cannot be given;
commits sexual battery, a Class D felony.
    (b) An offense described in subsection (a) is a Class C felony if:
        (1) it is committed by using or threatening the use of deadly force;
        (2) it is committed while armed with a deadly weapon; 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.