IN
Indiana House Bill HB1079

Indiana 2022 Regular Session

Indiana House Bill HB1079 Compare Versions

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1+*HB1079.1*
2+January 13, 2022
3+HOUSE BILL No. 1079
4+_____
5+DIGEST OF HB 1079 (Updated January 12, 2022 1:04 pm - DI 140)
6+Citations Affected: IC 35-42.
7+Synopsis: Elements of rape. Provides that a person commits rape if:
8+(1) the person engages in sexual activity with another person and the
9+other person submits to the sexual activity under the belief that the
10+person committing the act is someone the victim knows, other than the
11+person committing the act, and such belief is intentionally induced by
12+any artifice, pretense, or concealment practiced by the person; or (2)
13+the person engages in sexual activity with another person and the other
14+person has expressed a lack of consent, through words or conduct, to
15+sexual intercourse or other sexual conduct.
16+Effective: July 1, 2022.
17+Negele, Errington, Schaibley
18+January 4, 2022, read first time and referred to Committee on Courts and Criminal Code.
19+January 13, 2022, reported — Do Pass.
20+HB 1079—LS 6196/DI 131 January 13, 2022
121 Second Regular Session of the 122nd General Assembly (2022)
222 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
323 Constitution) is being amended, the text of the existing provision will appear in this style type,
424 additions will appear in this style type, and deletions will appear in this style type.
525 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
626 provision adopted), the text of the new provision will appear in this style type. Also, the
727 word NEW will appear in that style type in the introductory clause of each SECTION that adds
828 a new provision to the Indiana Code or the Indiana Constitution.
929 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1030 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1079
12-AN ACT to amend the Indiana Code concerning criminal law and
13-procedure.
31+HOUSE BILL No. 1079
32+A BILL FOR AN ACT to amend the Indiana Code concerning
33+criminal law and procedure.
1434 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 35-42-4-1, AS AMENDED BY P.L.168-2014,
16-SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), a
18-person who knowingly or intentionally has sexual intercourse with
19-another person or knowingly or intentionally causes another person to
20-perform or submit to other sexual conduct (as defined in
21-IC 35-31.5-2-221.5) when:
22-(1) the other person is compelled by force or imminent threat of
23-force;
24-(2) the other person is unaware that the sexual intercourse or other
25-sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring; or
26-(3) the other person is so mentally disabled or deficient that
27-consent to sexual intercourse or other sexual conduct (as defined
28-in IC 35-31.5-2-221.5) cannot be given; or
29-(4) the person disregarded the other person's attempts to
30-physically, verbally, or by other visible conduct refuse the
31-person's acts;
32-commits rape, a Level 3 felony.
33-(b) An offense described in subsection (a) is a Level 1 felony if:
34-(1) it is committed by using or threatening the use of deadly force;
35-(2) it is committed while armed with a deadly weapon;
36-HEA 1079 — Concur 2
37-(3) it results in serious bodily injury to a person other than a
38-defendant; or
39-(4) the commission of the offense is facilitated by furnishing the
40-victim, without the victim's knowledge, with a drug (as defined in
41-IC 16-42-19-2(1)) or a controlled substance (as defined in
42-IC 35-48-1-9) or knowing that the victim was furnished with the
43-drug or controlled substance without the victim's knowledge.
44-HEA 1079 — Concur Speaker of the House of Representatives
45-President of the Senate
46-President Pro Tempore
47-Governor of the State of Indiana
48-Date: Time:
49-HEA 1079 — Concur
35+1 SECTION 1. IC 35-42-4-1, AS AMENDED BY P.L.168-2014,
36+2 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37+3 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), a
38+4 person who knowingly or intentionally has sexual intercourse with
39+5 another person or knowingly or intentionally causes another person to
40+6 perform or submit to other sexual conduct (as defined in
41+7 IC 35-31.5-2-221.5) when:
42+8 (1) the other person is compelled by force or imminent threat of
43+9 force;
44+10 (2) the other person is unaware that the sexual intercourse or other
45+11 sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring; or
46+12 (3) the other person is so mentally disabled or deficient that
47+13 consent to sexual intercourse or other sexual conduct (as defined
48+14 in IC 35-31.5-2-221.5) cannot be given;
49+15 (4) the other person submits to the sexual intercourse or other
50+16 sexual conduct (as defined in IC 35-31.5-2-221.5) under the
51+17 belief that the person committing the act is someone the
52+HB 1079—LS 6196/DI 131 2
53+1 victim knows, other than the person committing the act, and
54+2 such belief is intentionally induced by any artifice, pretense,
55+3 or concealment practiced by the person; or
56+4 (5) the other person has expressed a lack of consent, through
57+5 words or conduct, to sexual intercourse or other sexual
58+6 conduct (as defined in IC 35-31.5-2-221.5);
59+7 commits rape, a Level 3 felony.
60+8 (b) An offense described in subsection (a) is a Level 1 felony if:
61+9 (1) it is committed by using or threatening the use of deadly force;
62+10 (2) it is committed while armed with a deadly weapon;
63+11 (3) it results in serious bodily injury to a person other than a
64+12 defendant; or
65+13 (4) the commission of the offense is facilitated by furnishing the
66+14 victim, without the victim's knowledge, with a drug (as defined in
67+15 IC 16-42-19-2(1)) or a controlled substance (as defined in
68+16 IC 35-48-1-9) or knowing that the victim was furnished with the
69+17 drug or controlled substance without the victim's knowledge.
70+HB 1079—LS 6196/DI 131 3
71+COMMITTEE REPORT
72+Mr. Speaker: Your Committee on Courts and Criminal Code, to
73+which was referred House Bill 1079, has had the same under
74+consideration and begs leave to report the same back to the House with
75+the recommendation that said bill do pass.
76+(Reference is to HB 1079 as introduced.)
77+MCNAMARA
78+Committee Vote: Yeas 9, Nays 1
79+HB 1079—LS 6196/DI 131