SB 156-1_ Filed 02/11/2008, 10:37 Goodin


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 156 be amended to read as follows:

SOURCE: Page 5, line 25; (08)MO015602.5. -->     Page 5, between lines 25 and 26, begin a new paragraph and insert:
SOURCE: IC 35-42-1-9; (08)MO015602.3. -->     "SECTION 3. IC 35-42-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 9. (a) Except as provided in this section, a person who recklessly violates or fails to comply with IC 16-41-7 commits a Class B misdemeanor.
    (b) A person who knowingly or intentionally violates or fails to comply with IC 16-41-7-1 commits a Class D felony. However, the offense is a:
        (1) Class B felony if the person causes the victim to contract hepatitis B; and
        (2) Class A felony if the person causes the victim to:
            (A) contract acquired immune deficiency syndrome (AIDS); or
            (B) become infected with human immunodeficiency virus (HIV).

    (c) Each day a violation described in this section continues constitutes a separate offense.
SOURCE: IC 35-42-4-4; (08)MO015602.4. -->     SECTION 4. IC 35-42-4-4, AS AMENDED BY P.L.216-2007, SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) As used in this section:
    "Disseminate" means to transfer possession for free or for a consideration.
    "Matter" has the same meaning as in IC 35-49-1-3.
    "Performance" has the same meaning as in IC 35-49-1-7.
    "Sexual conduct" means sexual intercourse, deviate sexual conduct, exhibition of the uncovered genitals intended to satisfy or arouse the sexual desires of any person, sadomasochistic abuse, sexual intercourse or deviate sexual conduct with an animal, or any fondling or touching of a child by another person or of another person by a child intended to arouse or satisfy the sexual desires of either the child or the other person.
    (b) A person who knowingly or intentionally:
        (1) manages, produces, sponsors, presents, exhibits, photographs, films, videotapes, or creates a digitized image of any performance or incident that includes sexual conduct by a child under eighteen (18) years of age;
        (2) disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into Indiana for dissemination or exhibition matter that depicts or describes sexual conduct by a child under eighteen (18) years of age; or
        (3) makes available to another person a computer, knowing that the computer's fixed drive or peripheral device contains matter that depicts or describes sexual conduct by a child less than eighteen (18) years of age;
commits child exploitation, a Class C felony.
    (c) A person who knowingly or intentionally possesses:
        (1) a picture;
        (2) a drawing;
        (3) a photograph;
        (4) a negative image;
        (5) undeveloped film;
        (6) a motion picture;
        (7) a videotape;
        (8) a digitized image; or
        (9) any pictorial representation;
that depicts or describes sexual conduct by a child who the person knows is less than sixteen (16) years of age or who appears to be less than sixteen (16) years of age, and that lacks serious literary, artistic, political, or scientific value commits possession of child pornography, a Class D Class C felony.
    (d) Subsections (b) and (c) do not apply to a bona fide school, museum, or public library that qualifies for certain property tax exemptions under IC 6-1.1-10, or to an employee of such a school, museum, or public library acting within the scope of the employee's employment when the possession of the listed materials is for legitimate scientific or educational purposes.
SOURCE: ; (08)MO015602.5. -->     SECTION 5. [EFFECTIVE JULY 1, 2008] IC 35-42-1-9 and IC 35-42-4-4, both as amended by this act, apply to offenses committed after June 30, 2008.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 156 as printed February 8, 2008.)

________________________________________

Representative Goodin


MO015602/DI 103     2008