Citations Affected:
IC 35-42-4-9
;
IC 35-50-1-2
.
Synopsis: Sexual misconduct with a minor. Specifies that the defenses
to the offense of sexual misconduct with a minor do not apply if: (1) the
offense is committed by using or threatening the use of deadly force;
(2) the offense is committed while armed with a deadly weapon; (3) the
offense 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 or a controlled substance or knowing that the
victim was furnished with the drug or controlled substance without the
victim's knowledge. Makes the offense of sexual misconduct with a
minor that involves deadly force, a deadly weapon, or a drug or
controlled substance a "crime of violence" for purposes of the law
concerning consecutive and concurrent sentencing.
Effective: July 1, 2001.
January 22, 2001, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1.
IC 35-42-4-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. (a) A person at least
eighteen (18) years of age who, with a child at least fourteen (14) years
of age but less than sixteen (16) years of age, performs or submits to
sexual intercourse or deviate sexual conduct commits sexual
misconduct with a minor, a Class C felony. However, the offense is:
(1) a Class B felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Class A felony if it is committed by using or threatening the
use of deadly force, if it is committed while armed with a deadly
weapon, if it results in serious bodily injury, or if 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 at least eighteen (18) years of age who, with a child at
least fourteen (14) years of age but less than sixteen (16) 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 sexual misconduct with
a minor, a Class D felony. However, the offense is:
(1) a Class C felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Class B felony if it is committed by using or threatening the
use of deadly force, while armed with a deadly weapon, or if 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 at least sixteen (16) years of age at the time of the
conduct. However, this subsection does not apply to an offense
described in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married.
However, this subsection does not apply to an offense described in
subsection (a)(2) or (b)(2).
SECTION 2.
IC 35-50-1-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) As used in this
section, "crime of violence" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) involuntary manslaughter (IC 35-42-1-4);
(4) reckless homicide (IC 35-42-1-5);
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) rape (IC 35-42-4-1);
(8) criminal deviate conduct (IC 35-42-4-2);
(9) child molesting (IC 35-42-4-3);
(10) sexual misconduct with a minor as a Class A felony under
IC 35-42-4-9
(a)(2) or Class B felony under
IC 35-42-4-9
(b)(2);
(11) robbery as a Class A felony or a Class B felony
(IC 35-42-5-1);
(11) (12) burglary as a Class A felony or a Class B felony
(IC 35-43-2-1); or
(12) (13) causing death when operating a motor vehicle
(IC 9-30-5-5).
(b) As used in this section, "episode of criminal conduct" means
offenses or a connected series of offenses that are closely related in
time, place, and circumstance.
(c) Except as provided in subsection (d) or (e), the court shall
determine whether terms of imprisonment shall be served concurrently
or consecutively. The court may consider the aggravating and
mitigating circumstances in
IC 35-38-1-7.1
(b) and
IC 35-38-1-7.1
(c)
in making a determination under this subsection. The court may order
terms of imprisonment to be served consecutively even if the sentences
are not imposed at the same time. However, except for crimes of
violence, the total of the consecutive terms of imprisonment, exclusive
of terms of imprisonment under
IC 35-50-2-8
and
IC 35-50-2-10
, to
which the defendant is sentenced for felony convictions arising out of
an episode of criminal conduct shall not exceed the presumptive
sentence for a felony which is one (1) class of felony higher than the
most serious of the felonies for which the person has been convicted.
(d) If, after being arrested for one (1) crime, a person commits
another crime:
(1) before the date the person is discharged from probation,
parole, or a term of imprisonment imposed for the first crime; or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be served consecutively,
regardless of the order in which the crimes are tried and sentences are
imposed.
(e) If a court determines under
IC 35-50-2-11
that a person used a
firearm in the commission of the offense for which the person was
convicted, the term of imprisonment for the underlying offense and the
additional term of imprisonment imposed under
IC 35-50-2-11
must be
served consecutively.
SECTION 3. [EFFECTIVE JULY 1, 2001] This act applies only to
crimes committed after June 30, 2001.