Introduced Version






SENATE BILL No. 53

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-31.5-2; IC 35-42-4-7.

Synopsis: Child seduction. Provides that the offense of child seduction, a Class D felony, includes a mental health professional engaging in certain sexual behavior with a patient who is at least 16 years of age but less than 18 years of age.

Effective: July 1, 2013.





Boots




    January 7, 2013, read first time and referred to Committee on Corrections & Criminal Law.







Introduced

First Regular Session 118th General Assembly (2013)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

SENATE BILL No. 53



    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 35-31.5-2-197.5; (13)IN0053.1.1. -->     SECTION 1. IC 35-31.5-2-197.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 197.5. "Mental health professional", for purposes of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(f).
SOURCE: IC 35-31.5-2-200; (13)IN0053.1.2. -->     SECTION 2. IC 35-31.5-2-200, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 200. "Military recruiter", for purposes of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(f). IC 35-42-4-7(g).
SOURCE: IC 35-31.5-2-211; (13)IN0053.1.3. -->     SECTION 3. IC 35-31.5-2-211, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 211. "Nonpublic school", for purposes of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(g). IC 35-42-4-7(h).
SOURCE: IC 35-31.5-2-284; (13)IN0053.1.4. -->     SECTION 4. IC 35-31.5-2-284, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2013]: Sec. 284. "School corporation", for purposes of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(h). IC 35-42-4-7(i).

SOURCE: IC 35-31.5-2-309; (13)IN0053.1.5. -->     SECTION 5. IC 35-31.5-2-309, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 309. "Special education cooperative", for purposes of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(i). IC 35-42-4-7(j).
SOURCE: IC 35-31.5-2-313; (13)IN0053.1.6. -->     SECTION 6. IC 35-31.5-2-313, AS ADDED BY P.L.114-2012, SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 313. "Stepparent", for purposes of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(j). IC 35-42-4-7(k).
SOURCE: IC 35-42-4-7; (13)IN0053.1.7. -->     SECTION 7. IC 35-42-4-7, AS AMENDED BY P.L.114-2012, SECTION 138, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) As used in this section, "adoptive parent" has the meaning set forth in IC 31-9-2-6.
    (b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent.
    (c) As used in this section, "charter school" has the meaning set forth in IC 20-18-2-2.5.
    (d) As used in this section, "child care worker" means a person who:
        (1) provides care, supervision, or instruction to a child within the scope of the person's employment in a shelter care facility;
        (2) is employed by a:
            (A) school corporation;
            (B) charter school;
            (C) nonpublic school; or
            (D) special education cooperative;
        attended by a child who is the victim of a crime under this chapter; or
        (3) is:
            (A) affiliated with a:
                (i) school corporation;
                (ii) charter school;
                (iii) nonpublic school; or
                (iv) special education cooperative;
            attended by a child who is the victim of a crime under this chapter, regardless of how or whether the person is compensated;
            (B) in a position of trust in relation to a child who attends the school or cooperative;
            (C) engaged in the provision of care or supervision to a child

who attends the school or cooperative; and
            (D) at least four (4) years older than the child who is the victim of a crime under this chapter.
The term does not include a student who attends the school or cooperative.
    (e) As used in this section, "custodian" means any person who resides with a child and is responsible for the child's welfare.
     (f) As used in this section, "mental health professional" means:
        (1) a mental health counselor licensed under IC 25-23.6-8.5;
        (2) a psychologist; or
        (3) a psychiatrist.

    (f) (g) As used in this section, "military recruiter" means a member of the armed forces of the United States (as defined in IC 20-33-10-2) or the Indiana National Guard whose primary job function, classification, or specialty is recruiting individuals to enlist with the armed forces of the United States or the Indiana National Guard.
    (g) (h) As used in this section, "nonpublic school" has the meaning set forth in IC 20-18-2-12.
    (h) (i) As used in this section, "school corporation" has the meaning set forth in IC 20-18-2-16.
    (i) (j) As used in this section, "special education cooperative" has the meaning set forth in IC 20-35-5-1.
    (j) (k) As used in this section, "stepparent" means an individual who is married to a child's custodial or noncustodial parent and is not the child's adoptive parent.
    (k) (l) If a person who:
        (1) is at least eighteen (18) years of age; and
        (2) is:
            (A) the:
                (i) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
                (ii) child care worker for; or
            (B) a military recruiter who is attempting to enlist; or
            (C) a mental health professional for a patient who is;

        a child at least sixteen (16) years of age but less than eighteen (18) years of age;
engages with the child in sexual intercourse, deviate sexual conduct (as defined in IC 35-31.5-2-94), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction, a Class D felony.