Indiana 2023 Regular Session

Indiana House Bill HB1228 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1228.2
	2	+	Reprinted
	3	+	March 21, 2023
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1228
	6	+	_____
	7	+	DIGEST OF HB 1228 (Updated March 20, 2023 2:35 pm - DI 106)
	8	+	Citations Affected: IC 35-31.5; IC 35-42.
	9	+	Synopsis: Child seduction. Provides that "solicit", for purposes of the
	10	+	crime of child solicitation, includes luring and enticing. Defines
	11	+	"coach", "workplace supervisor", and "youth sports organization", and
	12	+	provides that the coach of a youth sports organization or a workplace
	13	+	supervisor commits child seduction if the person engages in sexual
	14	+	activity with a child less than 18 years of age and certain other
	15	+	conditions are met. Reduces the age difference from five years to four
	16	+	years for child seduction committed by a law enforcement officer.
	17	+	Makes conforming amendments.
	18	+	Effective: July 1, 2023.
	19	+	Bauer M, Negele, King, Hatfield
	20	+	(SENATE SPONSORS — BOHACEK, GLICK, POL JR.)
	21	+	January 10, 2023, read first time and referred to Committee on Courts and Criminal Code.
	22	+	February 16, 2023, amended, reported — Do Pass.
	23	+	February 20, 2023, read second time, ordered engrossed.
	24	+	February 21, 2023, engrossed. Read third time, passed. Yeas 94, nays 0.
	25	+	SENATE ACTION
	26	+	March 1, 2023, read first time and referred to Committee on Corrections and Criminal
	27	+	Law.
	28	+	March 14, 2023, amended, reported favorably — Do Pass.
	29	+	March 20, 2023, read second time, amended, ordered engrossed.
	30	+	EH 1228—LS 6154/DI 131 Reprinted
	31	+	March 21, 2023
1	32		First Regular Session of the 123rd General Assembly (2023)
2	33		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	34		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	35		additions will appear in this style type, and deletions will appear in this style type.
5	36		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	37		provision adopted), the text of the new provision will appear in this style type. Also, the
7	38		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	39		a new provision to the Indiana Code or the Indiana Constitution.
9	40		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	41		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1228
12		-	AN ACT to amend the Indiana Code concerning criminal law and
13		-	procedure.
	42	+	ENGROSSED
	43	+	HOUSE BILL No. 1228
	44	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	45	+	criminal law and procedure.
14	46		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 35-31.5-2-44.5 IS ADDED TO THE INDIANA
16		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
17		-	[EFFECTIVE JULY 1, 2023]: Sec. 44.5. "Coach", for purposes of
18		-	IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7.
19		-	SECTION 2. IC 35-31.5-2-80, AS ADDED BY P.L.114-2012,
20		-	SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21		-	JULY 1, 2023]: Sec. 80. "Custodian", for purposes of IC 35-42-4-7, has
22		-	the meaning set forth in IC 35-42-4-7(e). IC 35-42-4-7.
23		-	SECTION 3. IC 35-31.5-2-197.5, AS ADDED BY P.L.208-2013,
24		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25		-	JULY 1, 2023]: Sec. 197.5. "Mental health professional", for purposes
26		-	of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(f).
27		-	IC 35-42-4-7.
28		-	SECTION 4. IC 35-31.5-2-200, AS AMENDED BY P.L.208-2013,
29		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30		-	JULY 1, 2023]: Sec. 200. "Military recruiter", for purposes of
31		-	IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(g).
32		-	IC 35-42-4-7.
33		-	SECTION 5. IC 35-31.5-2-211, AS AMENDED BY P.L.208-2013,
34		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35		-	JULY 1, 2023]: Sec. 211. "Nonpublic school", for purposes of
36		-	HEA 1228 — Concur 2
37		-	IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(h).
38		-	IC 35-42-4-7.
39		-	SECTION 6. IC 35-31.5-2-248.5, AS ADDED BY P.L.208-2013,
40		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41		-	JULY 1, 2023]: Sec. 248.5. "Professional relationship", for purposes of
42		-	IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(i).
43		-	IC 35-42-4-7.
44		-	SECTION 7. IC 35-31.5-2-284, AS AMENDED BY P.L.208-2013,
45		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46		-	JULY 1, 2023]: Sec. 284. "School corporation", for purposes of
47		-	IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(j).
48		-	IC 35-42-4-7.
49		-	SECTION 8. IC 35-31.5-2-309, AS AMENDED BY P.L.208-2013,
50		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51		-	JULY 1, 2023]: Sec. 309. "Special education cooperative", for purposes
52		-	of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(k).
53		-	IC 35-42-4-7.
54		-	SECTION 9. IC 35-31.5-2-313, AS AMENDED BY P.L.208-2013,
55		-	SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
56		-	JULY 1, 2023]: Sec. 313. "Stepparent", for purposes of IC 35-42-4-7,
57		-	has the meaning set forth in IC 35-42-4-7(l). IC 35-42-4-7.
58		-	SECTION 10. IC 35-31.5-2-355.5 IS ADDED TO THE INDIANA
	47	+	1 SECTION 1. IC 35-31.5-2-44.5 IS ADDED TO THE INDIANA
	48	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	49	+	3 [EFFECTIVE JULY 1, 2023]: Sec. 44.5. "Coach", for purposes of
	50	+	4 IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7.
	51	+	5 SECTION 2. IC 35-31.5-2-80, AS ADDED BY P.L.114-2012,
	52	+	6 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	53	+	7 JULY 1, 2023]: Sec. 80. "Custodian", for purposes of IC 35-42-4-7, has
	54	+	8 the meaning set forth in IC 35-42-4-7(e). IC 35-42-4-7.
	55	+	9 SECTION 3. IC 35-31.5-2-197.5, AS ADDED BY P.L.208-2013,
	56	+	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	57	+	11 JULY 1, 2023]: Sec. 197.5. "Mental health professional", for purposes
	58	+	12 of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(f).
	59	+	13 IC 35-42-4-7.
	60	+	14 SECTION 4. IC 35-31.5-2-200, AS AMENDED BY P.L.208-2013,
	61	+	15 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	62	+	16 JULY 1, 2023]: Sec. 200. "Military recruiter", for purposes of
	63	+	17 IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(g).
	64	+	EH 1228—LS 6154/DI 131 2
	65	+	1 IC 35-42-4-7.
	66	+	2 SECTION 5. IC 35-31.5-2-211, AS AMENDED BY P.L.208-2013,
	67	+	3 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	68	+	4 JULY 1, 2023]: Sec. 211. "Nonpublic school", for purposes of
	69	+	5 IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(h).
	70	+	6 IC 35-42-4-7.
	71	+	7 SECTION 6. IC 35-31.5-2-248.5, AS ADDED BY P.L.208-2013,
	72	+	8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	73	+	9 JULY 1, 2023]: Sec. 248.5. "Professional relationship", for purposes of
	74	+	10 IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(i).
	75	+	11 IC 35-42-4-7.
	76	+	12 SECTION 7. IC 35-31.5-2-284, AS AMENDED BY P.L.208-2013,
	77	+	13 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	78	+	14 JULY 1, 2023]: Sec. 284. "School corporation", for purposes of
	79	+	15 IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(j).
	80	+	16 IC 35-42-4-7.
	81	+	17 SECTION 8. IC 35-31.5-2-309, AS AMENDED BY P.L.208-2013,
	82	+	18 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	83	+	19 JULY 1, 2023]: Sec. 309. "Special education cooperative", for purposes
	84	+	20 of IC 35-42-4-7, has the meaning set forth in IC 35-42-4-7(k).
	85	+	21 IC 35-42-4-7.
	86	+	22 SECTION 9. IC 35-31.5-2-313, AS AMENDED BY P.L.208-2013,
	87	+	23 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	88	+	24 JULY 1, 2023]: Sec. 313. "Stepparent", for purposes of IC 35-42-4-7,
	89	+	25 has the meaning set forth in IC 35-42-4-7(l). IC 35-42-4-7.
	90	+	26 SECTION 10. IC 35-31.5-2-355.5 IS ADDED TO THE INDIANA
	91	+	27 CODE AS A NEW SECTION TO READ AS FOLLOWS
	92	+	28 [EFFECTIVE JULY 1, 2023]: Sec. 355.5. "Workplace supervisor",
	93	+	29 for purposes of IC 35-42-4-7, has the meaning set forth in
	94	+	30 IC 35-42-4-7.
	95	+	31 SECTION 11. IC 35-31.5-2-358 IS ADDED TO THE INDIANA
	96	+	32 CODE AS A NEW SECTION TO READ AS FOLLOWS
	97	+	33 [EFFECTIVE JULY 1, 2023]: Sec. 358. "Youth sports
	98	+	34 organization", for purposes of IC 35-42-4-7, has the meaning set
	99	+	35 forth in IC 35-42-4-7.
	100	+	36 SECTION 12. IC 35-42-4-6, AS AMENDED BY P.L.168-2014,
	101	+	37 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	102	+	38 JULY 1, 2023]: Sec. 6. (a) As used in this section, "solicit" means to
	103	+	39 command, authorize, urge, incite, request, lure, entice, or advise an
	104	+	40 individual:
	105	+	41 (1) in person;
	106	+	42 (2) by telephone or wireless device;
	107	+	EH 1228—LS 6154/DI 131 3
	108	+	1 (3) in writing;
	109	+	2 (4) by using a computer network (as defined in IC 35-43-2-3(a));
	110	+	3 (5) by advertisement of any kind; or
	111	+	4 (6) by any other means;
	112	+	5 to perform an act described in subsection (b) or (c).
	113	+	6 (b) A person eighteen (18) years of age or older who knowingly or
	114	+	7 intentionally solicits a child under fourteen (14) years of age, or an
	115	+	8 individual the person believes to be a child under fourteen (14) years
	116	+	9 of age, to engage in sexual intercourse, other sexual conduct (as
	117	+	10 defined in IC 35-31.5-2-221.5), or any fondling or touching intended
	118	+	11 to arouse or satisfy the sexual desires of either the child or the older
	119	+	12 person, commits child solicitation, a Level 5 felony. However, the
	120	+	13 offense is a Level 4 felony if the person solicits the child or individual
	121	+	14 the person believes to be a child under fourteen (14) years of age to
	122	+	15 engage in sexual intercourse or other sexual conduct (as defined in
	123	+	16 IC 35-31.5-2-221.5) and:
	124	+	17 (1) commits the offense by using a computer network (as defined
	125	+	18 in IC 35-43-2-3(a)) and travels to meet the child or individual the
	126	+	19 person believes to be a child; or
	127	+	20 (2) has a previous unrelated conviction for committing an offense
	128	+	21 under this section.
	129	+	22 (c) A person at least twenty-one (21) years of age who knowingly or
	130	+	23 intentionally solicits a child at least fourteen (14) years of age but less
	131	+	24 than sixteen (16) years of age, or an individual the person believes to
	132	+	25 be a child at least fourteen (14) years of age but less than sixteen (16)
	133	+	26 years of age, to engage in sexual intercourse, other sexual conduct (as
	134	+	27 defined in IC 35-31.5-2-221.5), or any fondling or touching intended
	135	+	28 to arouse or satisfy the sexual desires of either the child or the older
	136	+	29 person, commits child solicitation, a Level 5 felony. However, the
	137	+	30 offense is a Level 4 felony if the person solicits the child or individual
	138	+	31 the person believes to be a child at least fourteen (14) but less than
	139	+	32 sixteen (16) years of age to engage in sexual intercourse or other sexual
	140	+	33 conduct (as defined in IC 35-31.5-2-221.5), and:
	141	+	34 (1) commits the offense by using a computer network (as defined
	142	+	35 in IC 35-43-2-3(a)) and travels to meet the child or individual the
	143	+	36 person believes to be a child; or
	144	+	37 (2) has a previous unrelated conviction for committing an offense
	145	+	38 under this section.
	146	+	39 (d) In a prosecution under this section, including a prosecution for
	147	+	40 attempted solicitation, the state is not required to prove that the person
	148	+	41 solicited the child to engage in an act described in subsection (b) or (c)
	149	+	42 at some immediate time.
	150	+	EH 1228—LS 6154/DI 131 4
	151	+	1 SECTION 13. IC 35-42-4-7, AS AMENDED BY P.L.40-2019,
	152	+	2 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	153	+	3 JULY 1, 2023]: Sec. 7. (a) As used in this section, "adoptive parent"
	154	+	4 has the meaning set forth in IC 31-9-2-6.
	155	+	5 (b) As used in this section, "adoptive grandparent" means the parent
	156	+	6 of an adoptive parent.
	157	+	7 (c) As used in this section, "charter school" has the meaning set
	158	+	8 forth in IC 20-18-2-2.5.
	159	+	9 (d) As used in this section, "child care worker" means a person who:
	160	+	10 (1) provides care, supervision, or instruction to a child within the
	161	+	11 scope of the person's employment in a shelter care facility;
	162	+	12 (2) is employed by a:
	163	+	13 (A) school corporation;
	164	+	14 (B) charter school;
	165	+	15 (C) nonpublic school; or
	166	+	16 (D) special education cooperative;
	167	+	17 attended by a child who is the victim of a crime under this
	168	+	18 chapter; or
	169	+	19 (3) is:
	170	+	20 (A) affiliated with a:
	171	+	21 (i) school corporation;
	172	+	22 (ii) charter school;
	173	+	23 (iii) nonpublic school; or
	174	+	24 (iv) special education cooperative;
	175	+	25 attended by a child who is the victim of a crime under this
	176	+	26 chapter, regardless of how or whether the person is
	177	+	27 compensated;
	178	+	28 (B) in a position of trust in relation to a child who attends the
	179	+	29 school or cooperative;
	180	+	30 (C) engaged in the provision of care or supervision to a child
	181	+	31 who attends the school or cooperative; and
	182	+	32 (D) at least four (4) years older than the child who is the
	183	+	33 victim of a crime under this chapter.
	184	+	34 The term does not include a student who attends the school or
	185	+	35 cooperative.
	186	+	36 (e) As used in this section, "coach" means a person who:
	187	+	37 (1) provides care, supervision, or instruction to a child within
	188	+	38 the scope of the person's employment in a youth sports
	189	+	39 organization;
	190	+	40 (2) is employed by a youth sports organization attended by a
	191	+	41 child who is the victim of a crime under this chapter; or
	192	+	42 (3) is:
	193	+	EH 1228—LS 6154/DI 131 5
	194	+	1 (A) affiliated with a youth sports organization attended by
	195	+	2 a child who is the victim of a crime under this chapter,
	196	+	3 regardless of how or whether the person is compensated;
	197	+	4 (B) in a position of trust in relation to a child who
	198	+	5 participates in the youth sports organization;
	199	+	6 (C) engaged in the provision of care or supervision to a
	200	+	7 child who participates in the youth sports organization;
	201	+	8 and
	202	+	9 (D) at least four (4) years older than the child who is the
	203	+	10 victim of a crime under this chapter.
	204	+	11 This term includes a coach who is nonteaching or a volunteer.
	205	+	12 (e) (f) As used in this section, "custodian" means any person who
	206	+	13 resides with a child and is responsible for the child's welfare.
	207	+	14 (f) (g) As used in this section, "mental health professional" means:
	208	+	15 (1) a mental health counselor licensed under IC 25-23.6-8.5;
	209	+	16 (2) a psychologist; or
	210	+	17 (3) a psychiatrist.
	211	+	18 (g) (h) As used in this section, "military recruiter" means a member
	212	+	19 of:
	213	+	20 (1) the United States Air Force;
	214	+	21 (2) the United States Army;
	215	+	22 (3) the United States Coast Guard;
	216	+	23 (4) the United States Marine Corps;
	217	+	24 (5) the United States Navy;
	218	+	25 (6) any reserve components of the military forces listed in
	219	+	26 subdivisions (1) through (5); or
	220	+	27 (7) the Indiana National Guard;
	221	+	28 whose primary job function, classification, or specialty is recruiting
	222	+	29 individuals to enlist with an entity listed in subdivisions (1) through
	223	+	30 (7).
	224	+	31 (h) (i) As used in this section, "nonpublic school" has the meaning
	225	+	32 set forth in IC 20-18-2-12.
	226	+	33 (i) (j) For purposes of this section, a person has a "professional
	227	+	34 relationship" with a child if:
	228	+	35 (1) the person:
	229	+	36 (A) has a license issued by the state or a political subdivision
	230	+	37 on the basis of the person's training and experience that
	231	+	38 authorizes the person to carry out a particular occupation; or
	232	+	39 (B) is employed in a position in which counseling, supervising,
	233	+	40 instructing, or recruiting children forms a significant part of
	234	+	41 the employment; and
	235	+	42 (2) the person has a relationship with a child that is based on the
	236	+	EH 1228—LS 6154/DI 131 6
	237	+	1 person's employment or licensed status as described in
	238	+	2 subdivision (1).
	239	+	3 The term includes a relationship between a child and a mental health
	240	+	4 professional or military recruiter. The term does not include a coworker
	241	+	5 relationship between a child and a person described in subdivision
	242	+	6 (1)(B).
	243	+	7 (j) (k) As used in this section, "school corporation" has the meaning
	244	+	8 set forth in IC 20-18-2-16.
	245	+	9 (k) (l) As used in this section, "special education cooperative" has
	246	+	10 the meaning set forth in IC 20-35-5-1.
	247	+	11 (l) (m) As used in this section, "stepparent" means an individual
	248	+	12 who is married to a child's custodial or noncustodial parent and is not
	249	+	13 the child's adoptive parent.
	250	+	14 (n) As used in this section, "workplace supervisor" means an
	251	+	15 individual who has authority over a child while the child is
	252	+	16 employed at the child's place of employment. The term includes a
	253	+	17 person who is responsible for determining the child's wages
	254	+	18 (including whether the child will receive a raise) or who otherwise
	255	+	19 has the authority to take an adverse employment action against the
	256	+	20 child.
	257	+	21 (o) As used in this section, "youth sports organization" means
	258	+	22 an athletic or recreational program that is organized for:
	259	+	23 (1) competition against another team, club, or entity; or
	260	+	24 (2) athletic instruction;
	261	+	25 predominantly for children less than eighteen (18) years of age.
	262	+	26 (m) (p) If a person who:
	263	+	27 (1) is at least eighteen (18) years of age; and
	264	+	28 (2) is the:
	265	+	29 (A) guardian, adoptive parent, adoptive grandparent,
	266	+	30 custodian, or stepparent of; or
	267	+	31 (B) child care worker for; or
	268	+	32 (C) coach of;
	269	+	33 a child less than eighteen (18) years of age;
	270	+	34 engages with the child in sexual intercourse, other sexual conduct (as
	271	+	35 defined in IC 35-31.5-2-221.5), or any fondling or touching with the
	272	+	36 intent to arouse or satisfy the sexual desires of either the child or the
	273	+	37 adult, the person commits child seduction.
	274	+	38 (n) (q) A person who:
	275	+	39 (1) has or had a professional relationship with a child less than
	276	+	40 eighteen (18) years of age whom the person knows to be less than
	277	+	41 eighteen (18) years of age;
	278	+	42 (2) may exert undue influence on the child because of the person's
	279	+	EH 1228—LS 6154/DI 131 7
	280	+	1 current or previous professional relationship with the child; and
	281	+	2 (3) uses or exerts the person's professional relationship to engage
	282	+	3 in sexual intercourse, other sexual conduct (as defined in
	283	+	4 IC 35-31.5-2-221.5), or any fondling or touching with the child
	284	+	5 with the intent to arouse or satisfy the sexual desires of the child
	285	+	6 or the person;
	286	+	7 commits child seduction.
	287	+	8 (o) (r) A law enforcement officer who:
	288	+	9 (1) is at least five (5) four (4) years older than a child who is less
	289	+	10 than eighteen (18) years of age;
	290	+	11 (2) has contact with the child while acting within the scope of the
	291	+	12 law enforcement officer's official duties with respect to the child;
	292	+	13 and
	293	+	14 (3) uses or exerts the law enforcement officer's professional
	294	+	15 relationship with the child to engage with the child in:
	295	+	16 (A) sexual intercourse;
	296	+	17 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
	297	+	18 or
	298	+	19 (C) any fondling or touching with the child with the intent to
	299	+	20 arouse or satisfy the sexual desires of the child or the law
	300	+	21 enforcement officer;
	301	+	22 commits child seduction.
	302	+	23 (p) (s) In determining whether a person used or exerted the person's
	303	+	24 professional relationship with the child to engage in sexual intercourse,
	304	+	25 other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
	305	+	26 fondling or touching with the intent to arouse or satisfy the sexual
	306	+	27 desires of the child or the person under this section, the trier of fact
	307	+	28 may consider one (1) or more of the following:
	308	+	29 (1) The age difference between the person and the child.
	309	+	30 (2) Whether the person was in a position of trust with respect to
	310	+	31 the child.
	311	+	32 (3) Whether the person's conduct with the child violated any
	312	+	33 ethical obligations of the person's profession or occupation.
	313	+	34 (4) The authority that the person had over the child.
	314	+	35 (5) Whether the person exploited any particular vulnerability of
	315	+	36 the child.
	316	+	37 (6) Any other evidence relevant to the person's ability to exert
	317	+	38 undue influence over the child.
	318	+	39 (t) This subsection does not apply to a workplace supervisor
	319	+	40 who had a dating relationship with the child before the child was
	320	+	41 employed at the place of employment. A workplace supervisor
	321	+	42 who:
	322	+	EH 1228—LS 6154/DI 131 8
	323	+	1 (1) is at least four (4) years older than a child who is less than
	324	+	2 eighteen (18) years of age;
	325	+	3 (2) supervises the child at the child's place of employment;
	326	+	4 and
	327	+	5 (3) uses or exerts the workplace supervisor's supervisory
	328	+	6 relationship with the child to engage with the child in:
	329	+	7 (A) sexual intercourse;
	330	+	8 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
	331	+	9 or
	332	+	10 (C) any fondling or touching with the child with the intent
	333	+	11 to arouse or satisfy the sexual desires of the child or the
	334	+	12 workplace supervisor;
	335	+	13 commits child seduction.
	336	+	14 (u) In determining whether a workplace supervisor used or
	337	+	15 exerted the workplace supervisor's relationship with the child to
	338	+	16 engage in sexual intercourse, other sexual conduct (as defined in
	339	+	17 IC 35-31.5-2-221.5), or any fondling or touching with the intent to
	340	+	18 arouse or satisfy the sexual desires of the child or the workplace
	341	+	19 supervisor, the trier of fact may consider one (1) or more of the
	342	+	20 following:
	343	+	21 (1) The age difference between the workplace supervisor and
	344	+	22 the child.
	345	+	23 (2) Whether the workplace supervisor was in a position of
	346	+	24 trust with respect to the child.
	347	+	25 (3) Whether the workplace supervisor suggested to the child
	348	+	26 that engaging or not engaging in sexual activity with the
	349	+	27 workplace supervisor would or could affect the child at the
	350	+	28 child's place of employment.
	351	+	29 (4) The authority that the workplace supervisor had over the
	352	+	30 child.
	353	+	31 (5) Whether the workplace supervisor exploited any
	354	+	32 particular vulnerability of the child.
	355	+	33 (6) Any other evidence relevant to the workplace supervisor's
	356	+	34 ability to exert undue influence over the child.
	357	+	35 (q) (v) Child seduction under this section is:
	358	+	36 (1) a Level 6 felony if the child is at least sixteen (16) years of age
	359	+	37 but less than eighteen (18) years of age and the person or law
	360	+	38 enforcement officer engaged in any fondling or touching with the
	361	+	39 intent to arouse or satisfy the sexual desires of:
	362	+	40 (A) the child; or
	363	+	41 (B) the person or law enforcement officer;
	364	+	42 (2) a Level 5 felony if the child is at least sixteen (16) years of age
	365	+	EH 1228—LS 6154/DI 131 9
	366	+	1 but less than eighteen (18) years of age and the person or law
	367	+	2 enforcement officer engaged in sexual intercourse or other sexual
	368	+	3 conduct (as defined in IC 35-31.5-2-221.5) with the child;
	369	+	4 (3) a Level 5 felony if the child is at least fourteen (14) years of
	370	+	5 age but less than sixteen (16) years of age and the person or law
	371	+	6 enforcement officer engaged in any fondling or touching with the
	372	+	7 intent to arouse or satisfy the sexual desires of:
	373	+	8 (A) the child; or
	374	+	9 (B) the person or law enforcement officer;
	375	+	10 (4) a Level 4 felony if the child is at least fourteen (14) years of
	376	+	11 age but less than sixteen (16) years of age and the person or law
	377	+	12 enforcement officer engaged in sexual intercourse or other sexual
	378	+	13 conduct (as defined in IC 35-31.5-2-221.5) with the child;
	379	+	14 (5) a Level 3 felony if the child is thirteen (13) years of age or
	380	+	15 under and the person or law enforcement officer engaged in any
	381	+	16 fondling or touching with the intent to arouse or satisfy the sexual
	382	+	17 desires of:
	383	+	18 (A) the child; or
	384	+	19 (B) the person or law enforcement officer; and
	385	+	20 (6) a Level 2 felony if the child is thirteen (13) years of age or
	386	+	21 under and the person or law enforcement officer engaged in
	387	+	22 sexual intercourse or other sexual conduct (as defined in
	388	+	23 IC 35-31.5-2-221.5) with the child.
	389	+	EH 1228—LS 6154/DI 131 10
	390	+	COMMITTEE REPORT
	391	+	Mr. Speaker: Your Committee on Courts and Criminal Code, to
	392	+	which was referred House Bill 1228, has had the same under
	393	+	consideration and begs leave to report the same back to the House with
	394	+	the recommendation that said bill be amended as follows:
	395	+	Page 5, line 32, strike "five (5)" and insert "four (4)".
	396	+	and when so amended that said bill do pass.
	397	+	(Reference is to HB 1228 as introduced.)
	398	+	MCNAMARA
	399	+	Committee Vote: yeas 11, nays 0.
	400	+	_____
	401	+	COMMITTEE REPORT
	402	+	Madam President: The Senate Committee on Corrections and
	403	+	Criminal Law, to which was referred House Bill No. 1228, has had the
	404	+	same under consideration and begs leave to report the same back to the
	405	+	Senate with the recommendation that said bill be AMENDED as
	406	+	follows:
	407	+	Page 1, line 4, delete "IC 35-42-4-7(e)." and insert "IC 35-42-4-7.".
	408	+	Page 1, line 8, delete "IC 35-42-4-7(f)." and insert "IC 35-42-4-7.".
	409	+	Page 1, delete line 13 and insert "IC 35-42-4-7.".
	410	+	Page 2, delete line 1 and insert "IC 35-42-4-7.".
	411	+	Page 2, delete line 6 and insert "IC 35-42-4-7.".
	412	+	Page 2, delete line 11 and insert "IC 35-42-4-7.".
	413	+	Page 2, delete line 16 and insert "IC 35-42-4-7.".
	414	+	Page 2, delete line 21 and insert "IC 35-42-4-7.".
	415	+	Page 2, line 25, delete "IC 35-42-4-7(m)." and insert "IC
	416	+	35-42-4-7.".
	417	+	Page 2, between lines 25 and 26, begin a new paragraph and insert:
	418	+	"SECTION 10. IC 35-31.5-2-355.5 IS ADDED TO THE INDIANA
59	419		CODE AS A NEW SECTION TO READ AS FOLLOWS
60	420		[EFFECTIVE JULY 1, 2023]: Sec. 355.5. "Workplace supervisor",
61	421		for purposes of IC 35-42-4-7, has the meaning set forth in
62		-	IC 35-42-4-7.
63		-	SECTION 11. IC 35-31.5-2-358 IS ADDED TO THE INDIANA
64		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
65		-	[EFFECTIVE JULY 1, 2023]: Sec. 358. "Youth sports
66		-	organization", for purposes of IC 35-42-4-7, has the meaning set
67		-	forth in IC 35-42-4-7.
68		-	SECTION 12. IC 35-42-4-6, AS AMENDED BY P.L.168-2014,
	422	+	IC 35-42-4-7.".
	423	+	Page 2, line 30, delete "IC 35-42-4-7(n)." and insert "IC
	424	+	35-42-4-7.".
	425	+	EH 1228—LS 6154/DI 131 11
	426	+	Page 5, between lines 1 and 2, begin a new paragraph and insert:
	427	+	"(n) As used in this section, "workplace supervisor" means an
	428	+	individual who has authority over a child while the child is
	429	+	employed at the child's place of employment. The term includes a
	430	+	person who is responsible for determining the child's wages
	431	+	(including whether the child will receive a raise) or who otherwise
	432	+	has the authority to take an adverse employment action against the
	433	+	child.".
	434	+	Page 5, line 2, delete "(n)" and insert "(o)".
	435	+	Page 5, line 6, delete "exclusively" and insert "predominantly".
	436	+	Page 5, line 7, delete "(o)" and insert "(p)".
	437	+	Page 5, line 19, delete "(p)" and insert "(q)".
	438	+	Page 5, line 31, delete "(q)" and insert "(r)".
	439	+	Page 6, line 4, delete "(r)" and insert "(s)".
	440	+	Page 6, between lines 19 and 20, begin a new paragraph and insert:
	441	+	"(t) This subsection does not apply to a workplace supervisor
	442	+	who had a dating relationship with the child before the child was
	443	+	employed at the place of employment. A workplace supervisor
	444	+	who:
	445	+	(1) is at least four (4) years older than a child who is less than
	446	+	eighteen (18) years of age;
	447	+	(2) supervises the child at the child's place of employment;
	448	+	and
	449	+	(3) uses or exerts the workplace supervisor's supervisory
	450	+	relationship with the child to engage with the child in:
	451	+	(A) sexual intercourse;
	452	+	(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
	453	+	or
	454	+	(C) any fondling or touching with the child with the intent
	455	+	to arouse or satisfy the sexual desires of the child or the
	456	+	workplace supervisor;
	457	+	commits child seduction.
	458	+	(u) In determining whether a workplace supervisor used or
	459	+	exerted the workplace supervisor's relationship with the child to
	460	+	engage in sexual intercourse, other sexual conduct (as defined in
	461	+	IC 35-31.5-2-221.5), or any fondling or touching with the intent to
	462	+	arouse or satisfy the sexual desires of the child or the workplace
	463	+	supervisor, the trier of fact may consider one (1) or more of the
	464	+	following:
	465	+	(1) The age difference between the workplace supervisor and
	466	+	the child.
	467	+	(2) Whether the workplace supervisor was in a position of
	468	+	EH 1228—LS 6154/DI 131 12
	469	+	trust with respect to the child.
	470	+	(3) Whether the workplace supervisor suggested to the child
	471	+	that engaging or not engaging in sexual activity with the
	472	+	workplace supervisor would or could affect the child at the
	473	+	child's place of employment.
	474	+	(4) The authority that the workplace supervisor had over the
	475	+	child.
	476	+	(5) Whether the workplace supervisor exploited any
	477	+	particular vulnerability of the child.
	478	+	(6) Any other evidence relevant to the workplace supervisor's
	479	+	ability to exert undue influence over the child.".
	480	+	Page 6, line 20, delete "(s)" and insert "(v)".
	481	+	Renumber all SECTIONS consecutively.
	482	+	and when so amended that said bill do pass.
	483	+	(Reference is to HB 1228 as printed February 16, 2023.)
	484	+	FREEMAN, Chairperson
	485	+	Committee Vote: Yeas 8, Nays 0.
	486	+	_____
	487	+	SENATE MOTION
	488	+	Madam President: I move that Engrossed House Bill 1228 be
	489	+	amended to read as follows:
	490	+	Page 2, between lines 35 and 36, begin a new paragraph and insert:
	491	+	"SECTION 12. IC 35-42-4-6, AS AMENDED BY P.L.168-2014,
69	492		SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
70	493		JULY 1, 2023]: Sec. 6. (a) As used in this section, "solicit" means to
71	494		command, authorize, urge, incite, request, lure, entice, or advise an
72	495		individual:
73	496		(1) in person;
74	497		(2) by telephone or wireless device;
75	498		(3) in writing;
76	499		(4) by using a computer network (as defined in IC 35-43-2-3(a));
77	500		(5) by advertisement of any kind; or
78	501		(6) by any other means;
79		-	HEA 1228 — Concur 3
80	502		to perform an act described in subsection (b) or (c).
81	503		(b) A person eighteen (18) years of age or older who knowingly or
82	504		intentionally solicits a child under fourteen (14) years of age, or an
83	505		individual the person believes to be a child under fourteen (14) years
	506	+	EH 1228—LS 6154/DI 131 13
84	507		of age, to engage in sexual intercourse, other sexual conduct (as
85	508		defined in IC 35-31.5-2-221.5), or any fondling or touching intended
86	509		to arouse or satisfy the sexual desires of either the child or the older
87	510		person, commits child solicitation, a Level 5 felony. However, the
88	511		offense is a Level 4 felony if the person solicits the child or individual
89	512		the person believes to be a child under fourteen (14) years of age to
90	513		engage in sexual intercourse or other sexual conduct (as defined in
91	514		IC 35-31.5-2-221.5) and:
92	515		(1) commits the offense by using a computer network (as defined
93	516		in IC 35-43-2-3(a)) and travels to meet the child or individual the
94	517		person believes to be a child; or
95	518		(2) has a previous unrelated conviction for committing an offense
96	519		under this section.
97	520		(c) A person at least twenty-one (21) years of age who knowingly or
98	521		intentionally solicits a child at least fourteen (14) years of age but less
99	522		than sixteen (16) years of age, or an individual the person believes to
100	523		be a child at least fourteen (14) years of age but less than sixteen (16)
101	524		years of age, to engage in sexual intercourse, other sexual conduct (as
102	525		defined in IC 35-31.5-2-221.5), or any fondling or touching intended
103	526		to arouse or satisfy the sexual desires of either the child or the older
104	527		person, commits child solicitation, a Level 5 felony. However, the
105	528		offense is a Level 4 felony if the person solicits the child or individual
106	529		the person believes to be a child at least fourteen (14) but less than
107	530		sixteen (16) years of age to engage in sexual intercourse or other sexual
108	531		conduct (as defined in IC 35-31.5-2-221.5), and:
109	532		(1) commits the offense by using a computer network (as defined
110	533		in IC 35-43-2-3(a)) and travels to meet the child or individual the
111	534		person believes to be a child; or
112	535		(2) has a previous unrelated conviction for committing an offense
113	536		under this section.
114	537		(d) In a prosecution under this section, including a prosecution for
115	538		attempted solicitation, the state is not required to prove that the person
116	539		solicited the child to engage in an act described in subsection (b) or (c)
117		-	at some immediate time.
118		-	SECTION 13. IC 35-42-4-7, AS AMENDED BY P.L.40-2019,
119		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
120		-	JULY 1, 2023]: Sec. 7. (a) As used in this section, "adoptive parent"
121		-	has the meaning set forth in IC 31-9-2-6.
122		-	HEA 1228 — Concur 4
123		-	(b) As used in this section, "adoptive grandparent" means the parent
124		-	of an adoptive parent.
125		-	(c) As used in this section, "charter school" has the meaning set
126		-	forth in IC 20-18-2-2.5.
127		-	(d) As used in this section, "child care worker" means a person who:
128		-	(1) provides care, supervision, or instruction to a child within the
129		-	scope of the person's employment in a shelter care facility;
130		-	(2) is employed by a:
131		-	(A) school corporation;
132		-	(B) charter school;
133		-	(C) nonpublic school; or
134		-	(D) special education cooperative;
135		-	attended by a child who is the victim of a crime under this
136		-	chapter; or
137		-	(3) is:
138		-	(A) affiliated with a:
139		-	(i) school corporation;
140		-	(ii) charter school;
141		-	(iii) nonpublic school; or
142		-	(iv) special education cooperative;
143		-	attended by a child who is the victim of a crime under this
144		-	chapter, regardless of how or whether the person is
145		-	compensated;
146		-	(B) in a position of trust in relation to a child who attends the
147		-	school or cooperative;
148		-	(C) engaged in the provision of care or supervision to a child
149		-	who attends the school or cooperative; and
150		-	(D) at least four (4) years older than the child who is the
151		-	victim of a crime under this chapter.
152		-	The term does not include a student who attends the school or
153		-	cooperative.
154		-	(e) As used in this section, "coach" means a person who:
155		-	(1) provides care, supervision, or instruction to a child within
156		-	the scope of the person's employment in a youth sports
157		-	organization;
158		-	(2) is employed by a youth sports organization attended by a
159		-	child who is the victim of a crime under this chapter; or
160		-	(3) is:
161		-	(A) affiliated with a youth sports organization attended by
162		-	a child who is the victim of a crime under this chapter,
163		-	regardless of how or whether the person is compensated;
164		-	(B) in a position of trust in relation to a child who
165		-	HEA 1228 — Concur 5
166		-	participates in the youth sports organization;
167		-	(C) engaged in the provision of care or supervision to a
168		-	child who participates in the youth sports organization;
169		-	and
170		-	(D) at least four (4) years older than the child who is the
171		-	victim of a crime under this chapter.
172		-	This term includes a coach who is nonteaching or a volunteer.
173		-	(e) (f) As used in this section, "custodian" means any person who
174		-	resides with a child and is responsible for the child's welfare.
175		-	(f) (g) As used in this section, "mental health professional" means:
176		-	(1) a mental health counselor licensed under IC 25-23.6-8.5;
177		-	(2) a psychologist; or
178		-	(3) a psychiatrist.
179		-	(g) (h) As used in this section, "military recruiter" means a member
180		-	of:
181		-	(1) the United States Air Force;
182		-	(2) the United States Army;
183		-	(3) the United States Coast Guard;
184		-	(4) the United States Marine Corps;
185		-	(5) the United States Navy;
186		-	(6) any reserve components of the military forces listed in
187		-	subdivisions (1) through (5); or
188		-	(7) the Indiana National Guard;
189		-	whose primary job function, classification, or specialty is recruiting
190		-	individuals to enlist with an entity listed in subdivisions (1) through
191		-	(7).
192		-	(h) (i) As used in this section, "nonpublic school" has the meaning
193		-	set forth in IC 20-18-2-12.
194		-	(i) (j) For purposes of this section, a person has a "professional
195		-	relationship" with a child if:
196		-	(1) the person:
197		-	(A) has a license issued by the state or a political subdivision
198		-	on the basis of the person's training and experience that
199		-	authorizes the person to carry out a particular occupation; or
200		-	(B) is employed in a position in which counseling, supervising,
201		-	instructing, or recruiting children forms a significant part of
202		-	the employment; and
203		-	(2) the person has a relationship with a child that is based on the
204		-	person's employment or licensed status as described in
205		-	subdivision (1).
206		-	The term includes a relationship between a child and a mental health
207		-	professional or military recruiter. The term does not include a coworker
208		-	HEA 1228 — Concur 6
209		-	relationship between a child and a person described in subdivision
210		-	(1)(B).
211		-	(j) (k) As used in this section, "school corporation" has the meaning
212		-	set forth in IC 20-18-2-16.
213		-	(k) (l) As used in this section, "special education cooperative" has
214		-	the meaning set forth in IC 20-35-5-1.
215		-	(l) (m) As used in this section, "stepparent" means an individual
216		-	who is married to a child's custodial or noncustodial parent and is not
217		-	the child's adoptive parent.
218		-	(n) As used in this section, "workplace supervisor" means an
219		-	individual who has authority over a child while the child is
220		-	employed at the child's place of employment. The term includes a
221		-	person who is responsible for determining the child's wages
222		-	(including whether the child will receive a raise) or who otherwise
223		-	has the authority to take an adverse employment action against the
224		-	child.
225		-	(o) As used in this section, "youth sports organization" means
226		-	an athletic or recreational program that is organized for:
227		-	(1) competition against another team, club, or entity; or
228		-	(2) athletic instruction;
229		-	predominantly for children less than eighteen (18) years of age.
230		-	(m) (p) If a person who:
231		-	(1) is at least eighteen (18) years of age; and
232		-	(2) is the:
233		-	(A) guardian, adoptive parent, adoptive grandparent,
234		-	custodian, or stepparent of; or
235		-	(B) child care worker for; or
236		-	(C) coach of;
237		-	a child less than eighteen (18) years of age;
238		-	engages with the child in sexual intercourse, other sexual conduct (as
239		-	defined in IC 35-31.5-2-221.5), or any fondling or touching with the
240		-	intent to arouse or satisfy the sexual desires of either the child or the
241		-	adult, the person commits child seduction.
242		-	(n) (q) A person who:
243		-	(1) has or had a professional relationship with a child less than
244		-	eighteen (18) years of age whom the person knows to be less than
245		-	eighteen (18) years of age;
246		-	(2) may exert undue influence on the child because of the person's
247		-	current or previous professional relationship with the child; and
248		-	(3) uses or exerts the person's professional relationship to engage
249		-	in sexual intercourse, other sexual conduct (as defined in
250		-	IC 35-31.5-2-221.5), or any fondling or touching with the child
251		-	HEA 1228 — Concur 7
252		-	with the intent to arouse or satisfy the sexual desires of the child
253		-	or the person;
254		-	commits child seduction.
255		-	(o) (r) A law enforcement officer who:
256		-	(1) is at least five (5) four (4) years older than a child who is less
257		-	than eighteen (18) years of age;
258		-	(2) has contact with the child while acting within the scope of the
259		-	law enforcement officer's official duties with respect to the child;
260		-	and
261		-	(3) uses or exerts the law enforcement officer's professional
262		-	relationship with the child to engage with the child in:
263		-	(A) sexual intercourse;
264		-	(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
265		-	or
266		-	(C) any fondling or touching with the child with the intent to
267		-	arouse or satisfy the sexual desires of the child or the law
268		-	enforcement officer;
269		-	commits child seduction.
270		-	(p) (s) In determining whether a person used or exerted the person's
271		-	professional relationship with the child to engage in sexual intercourse,
272		-	other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
273		-	fondling or touching with the intent to arouse or satisfy the sexual
274		-	desires of the child or the person under this section, the trier of fact
275		-	may consider one (1) or more of the following:
276		-	(1) The age difference between the person and the child.
277		-	(2) Whether the person was in a position of trust with respect to
278		-	the child.
279		-	(3) Whether the person's conduct with the child violated any
280		-	ethical obligations of the person's profession or occupation.
281		-	(4) The authority that the person had over the child.
282		-	(5) Whether the person exploited any particular vulnerability of
283		-	the child.
284		-	(6) Any other evidence relevant to the person's ability to exert
285		-	undue influence over the child.
286		-	(t) This subsection does not apply to a workplace supervisor
287		-	who had a dating relationship with the child before the child was
288		-	employed at the place of employment. A workplace supervisor
289		-	who:
290		-	(1) is at least four (4) years older than a child who is less than
291		-	eighteen (18) years of age;
292		-	(2) supervises the child at the child's place of employment;
293		-	and
294		-	HEA 1228 — Concur 8
295		-	(3) uses or exerts the workplace supervisor's supervisory
296		-	relationship with the child to engage with the child in:
297		-	(A) sexual intercourse;
298		-	(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
299		-	or
300		-	(C) any fondling or touching with the child with the intent
301		-	to arouse or satisfy the sexual desires of the child or the
302		-	workplace supervisor;
303		-	commits child seduction.
304		-	(u) In determining whether a workplace supervisor used or
305		-	exerted the workplace supervisor's relationship with the child to
306		-	engage in sexual intercourse, other sexual conduct (as defined in
307		-	IC 35-31.5-2-221.5), or any fondling or touching with the intent to
308		-	arouse or satisfy the sexual desires of the child or the workplace
309		-	supervisor, the trier of fact may consider one (1) or more of the
310		-	following:
311		-	(1) The age difference between the workplace supervisor and
312		-	the child.
313		-	(2) Whether the workplace supervisor was in a position of
314		-	trust with respect to the child.
315		-	(3) Whether the workplace supervisor suggested to the child
316		-	that engaging or not engaging in sexual activity with the
317		-	workplace supervisor would or could affect the child at the
318		-	child's place of employment.
319		-	(4) The authority that the workplace supervisor had over the
320		-	child.
321		-	(5) Whether the workplace supervisor exploited any
322		-	particular vulnerability of the child.
323		-	(6) Any other evidence relevant to the workplace supervisor's
324		-	ability to exert undue influence over the child.
325		-	(q) (v) Child seduction under this section is:
326		-	(1) a Level 6 felony if the child is at least sixteen (16) years of age
327		-	but less than eighteen (18) years of age and the person or law
328		-	enforcement officer engaged in any fondling or touching with the
329		-	intent to arouse or satisfy the sexual desires of:
330		-	(A) the child; or
331		-	(B) the person or law enforcement officer;
332		-	(2) a Level 5 felony if the child is at least sixteen (16) years of age
333		-	but less than eighteen (18) years of age and the person or law
334		-	enforcement officer engaged in sexual intercourse or other sexual
335		-	conduct (as defined in IC 35-31.5-2-221.5) with the child;
336		-	(3) a Level 5 felony if the child is at least fourteen (14) years of
337		-	HEA 1228 — Concur 9
338		-	age but less than sixteen (16) years of age and the person or law
339		-	enforcement officer engaged in any fondling or touching with the
340		-	intent to arouse or satisfy the sexual desires of:
341		-	(A) the child; or
342		-	(B) the person or law enforcement officer;
343		-	(4) a Level 4 felony if the child is at least fourteen (14) years of
344		-	age but less than sixteen (16) years of age and the person or law
345		-	enforcement officer engaged in sexual intercourse or other sexual
346		-	conduct (as defined in IC 35-31.5-2-221.5) with the child;
347		-	(5) a Level 3 felony if the child is thirteen (13) years of age or
348		-	under and the person or law enforcement officer engaged in any
349		-	fondling or touching with the intent to arouse or satisfy the sexual
350		-	desires of:
351		-	(A) the child; or
352		-	(B) the person or law enforcement officer; and
353		-	(6) a Level 2 felony if the child is thirteen (13) years of age or
354		-	under and the person or law enforcement officer engaged in
355		-	sexual intercourse or other sexual conduct (as defined in
356		-	IC 35-31.5-2-221.5) with the child.
357		-	HEA 1228 — Concur Speaker of the House of Representatives
358		-	President of the Senate
359		-	President Pro Tempore
360		-	Governor of the State of Indiana
361		-	Date: Time:
362		-	HEA 1228 — Concur
	540	+	at some immediate time.".
	541	+	Renumber all SECTIONS consecutively.
	542	+	(Reference is to EHB 1228 as printed March 15, 2023.)
	543	+	POL JR.
	544	+	EH 1228—LS 6154/DI 131