Introduced Version




SENATE BILL No. 79

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-42-4-12.

Synopsis: Sexual predators and networking sites. Makes it a Class A misdemeanor for an offender against children to use a social networking program frequented by children or an instant messaging or chat room program. Increases the penalty to a Class D felony if the offender against children uses the program to contact a child or has a prior conviction under this statute.

Effective: July 1, 2008.



Waltz


    January 8, 2008, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.




Introduced

Second Regular Session 115th General Assembly (2008)


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SENATE BILL No. 79


    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 35-42-4-12; (08)IN0079.1.1. -->     SECTION 1. IC 35-42-4-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 12. (a) As used in this section, "instant messaging or chat room program" means a software program that allows two (2) or more persons to communicate over the Internet in real time using typed text.
    (b) As used in this section, "social networking service" means a web based software program that:
        (1) is designed to facilitate social interaction among users; and
        (2) allows a user to:
            (A) upload a profile of the user to the service and to access the profiles of another user; and
            (B) communicate with another user electronically over the Internet.
    (c) As used in this section, "social networking service frequented by children" means a social networking service in which at least ten percent (10%) of the users are or appear to be less than

eighteen (18) years of age.
    (d) An offender against children (as defined in section 11 of this chapter) who knowingly or intentionally:
        (1) uses a social networking service frequented by children; or
        (2) uses an instant messaging or chat room program;
commits a sex offender Internet offense, a Class A misdemeanor. However, the offense is a Class D felony if the offender contacts a child or a person the offender believed to be a child through the social networking service or instant messaging or chat room program, or if the offender has a prior unrelated conviction under this section.

SOURCE: ; (08)IN0079.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2008] IC 35-42-4-12, as added by this act, applies only to crimes committed after June 30, 2008.