Introduced Version






HOUSE BILL No. 1643

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-42-4-3.

Synopsis: Child molesting. Makes child molesting involving fondling a Class B felony (instead of a Class C felony).

Effective: July 1, 2007.





Goodin




    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. 1643



    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; (07)IN1643.1.1. -->     SECTION 1. IC 35-42-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: 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 Class B felony. However, the offense is a Class A 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.
    (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.