Introduced Version
SENATE BILL No. 67
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-13-3-27; IC 11-8-8; IC 11-10-11.5-11;
IC 11-13-3-4; IC 16-21-8-1; IC 16-34-2-4.2; IC 31-11-1-7; IC 31-19;
IC 31-27-4-35; IC 31-34; IC 31-35-3-4; IC 35-31.5-2-216; IC 35-38-2;
IC 35-41-4-2; IC 35-42-4; IC 35-44.1-3-9; IC 35-50-2-14.
Synopsis: Sex with a minor. Adds the criminal offense of sex with a
minor, which is committed when a person who is at least 22 years of
age engages in sexual intercourse or other sexual conduct, fondling, or
touching with a child who is at least 16 years of age but less than 18
years of age. Makes conforming amendments.
Effective: July 1, 2023.
Bohacek
January 9, 2023, read first time and referred to Committee on Corrections and Criminal
Law.
2023 IN 67—LS 6268/DI 106 Introduced
First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
SENATE BILL No. 67
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:
1 SECTION 1. IC 10-13-3-27, AS AMENDED BY P.L.142-2020,
2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 27. (a) Except as provided in subsection (b), on
4 request, a law enforcement agency shall release a limited criminal
5 history to or allow inspection of a limited criminal history by
6 noncriminal justice organizations or individuals only if the subject of
7 the request:
8 (1) has applied for employment with a noncriminal justice
9 organization or individual;
10 (2) has:
11 (A) applied for a license or is maintaining a license; and
12 (B) provided criminal history data as required by law to be
13 provided in connection with the license;
14 (3) is a candidate for public office or a public official;
15 (4) is in the process of being apprehended by a law enforcement
16 agency;
17 (5) is placed under arrest for the alleged commission of a crime;
2023 IN 67—LS 6268/DI 106 2
1 (6) has charged that the subject's rights have been abused
2 repeatedly by criminal justice agencies;
3 (7) is the subject of a judicial decision or determination with
4 respect to the setting of bond, plea bargaining, sentencing, or
5 probation;
6 (8) has volunteered services that involve contact with, care of, or
7 supervision over a child who is being placed, matched, or
8 monitored by a social services agency or a nonprofit corporation;
9 (9) is currently residing in a location designated by the
10 department of child services (established by IC 31-25-1-1) or by
11 a juvenile court as the out-of-home placement for a child at the
12 time the child will reside in the location;
13 (10) has volunteered services at a public school (as defined in
14 IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
15 that involve contact with, care of, or supervision over a student
16 enrolled in the school;
17 (11) is being investigated for welfare fraud by an investigator of
18 the division of family resources or a county office of the division
19 of family resources;
20 (12) is being sought by the parent locator service of the child
21 support bureau of the department of child services;
22 (13) is or was required to register as a sex or violent offender
23 under IC 11-8-8;
24 (14) has been convicted of any of the following:
25 (A) Rape (IC 35-42-4-1), if the victim is less than eighteen
26 (18) years of age.
27 (B) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the
28 victim is less than eighteen (18) years of age.
29 (C) Child molesting (IC 35-42-4-3).
30 (D) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
31 (E) Possession of child pornography (IC 35-42-4-4(d) or
32 IC 35-42-4-4(e)).
33 (F) Vicarious sexual gratification (IC 35-42-4-5).
34 (G) Child solicitation (IC 35-42-4-6).
35 (H) Child seduction (IC 35-42-4-7).
36 (I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
37 (J) Sex with a minor (IC 35-42-4-9.5).
38 (J) (K) Incest (IC 35-46-1-3), if the victim is less than eighteen
39 (18) years of age;
40 (15) is identified as a possible perpetrator of child abuse or
41 neglect in an assessment conducted by the department of child
42 services under IC 31-33-8; or
2023 IN 67—LS 6268/DI 106 3
1 (16) is:
2 (A) a parent, guardian, or custodian of a child; or
3 (B) an individual who is at least eighteen (18) years of age and
4 resides in the home of the parent, guardian, or custodian;
5 with whom the department of child services or a county probation
6 department has a case plan, dispositional decree, or permanency
7 plan approved under IC 31-34 or IC 31-37 that provides for
8 reunification following an out-of-home placement.
9 However, limited criminal history information obtained from the
10 National Crime Information Center may not be released under this
11 section except to the extent permitted by the Attorney General of the
12 United States.
13 (b) A law enforcement agency shall allow inspection of a limited
14 criminal history by and release a limited criminal history to the
15 following noncriminal justice organizations:
16 (1) Federally chartered or insured banking institutions.
17 (2) Officials of state and local government for any of the
18 following purposes:
19 (A) Employment with a state or local governmental entity.
20 (B) Licensing.
21 (3) Segments of the securities industry identified under 15 U.S.C.
22 78q(f)(2).
23 (c) Any person who knowingly or intentionally uses limited criminal
24 history for any purpose not specified under this section commits a
25 Class C infraction. However, the violation is a Class A misdemeanor
26 if the person has a prior unrelated adjudication or conviction for a
27 violation of this section within the previous five (5) years.
28 SECTION 2. IC 11-8-8-4.5, AS AMENDED BY P.L.142-2020,
29 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2023]: Sec. 4.5. (a) Except as provided in section 22 of this
31 chapter, as used in this chapter, "sex offender" means a person
32 convicted of any of the following offenses:
33 (1) Rape (IC 35-42-4-1).
34 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
35 (3) Child molesting (IC 35-42-4-3).
36 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
37 (5) Vicarious sexual gratification (including performing sexual
38 conduct in the presence of a minor) (IC 35-42-4-5).
39 (6) Child solicitation (IC 35-42-4-6).
40 (7) Child seduction (IC 35-42-4-7).
41 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
42 Class B, or Class C felony (for a crime committed before July 1,
2023 IN 67—LS 6268/DI 106 4
1 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
2 crime committed after June 30, 2014), unless:
3 (A) the person is convicted of sexual misconduct with a minor
4 as a Class C felony (for a crime committed before July 1,
5 2014) or a Level 5 felony (for a crime committed after June
6 30, 2014);
7 (B) the person is not more than:
8 (i) four (4) years older than the victim if the offense was
9 committed after June 30, 2007; or
10 (ii) five (5) years older than the victim if the offense was
11 committed before July 1, 2007; and
12 (C) the sentencing court finds that the person should not be
13 required to register as a sex offender.
14 (9) Incest (IC 35-46-1-3).
15 (10) Sexual battery (IC 35-42-4-8).
16 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
17 (18) years of age, and the person who kidnapped the victim is not
18 the victim's parent or guardian.
19 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
20 than eighteen (18) years of age, and the person who confined or
21 removed the victim is not the victim's parent or guardian.
22 (13) Possession of child pornography (IC 35-42-4-4(d) or
23 IC 35-42-4-4(e)).
24 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
25 (for a crime committed before July 1, 2014) or a Level 4 felony
26 (for a crime committed after June 30, 2014).
27 (15) Promotion of human sexual trafficking under
28 IC 35-42-3.5-1.1.
29 (16) Promotion of child sexual trafficking under
30 IC 35-42-3.5-1.2(a).
31 (17) Promotion of sexual trafficking of a younger child (IC
32 35-42-3.5-1.2(c)).
33 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
34 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
35 less than eighteen (18) years of age.
36 (20) Sexual misconduct by a service provider with a detained or
37 supervised child (IC 35-44.1-3-10(c)).
38 (21) Sex with a minor (IC 35-42-4-9.5).
39 (b) The term includes:
40 (1) a person who is required to register as a sex offender in any
41 jurisdiction; and
42 (2) a child who has committed a delinquent act and who:
2023 IN 67—LS 6268/DI 106 5
1 (A) is at least fourteen (14) years of age;
2 (B) is on probation, is on parole, is discharged from a facility
3 by the department of correction, is discharged from a secure
4 private facility (as defined in IC 31-9-2-115), or is discharged
5 from a juvenile detention facility as a result of an adjudication
6 as a delinquent child for an act that would be an offense
7 described in subsection (a) if committed by an adult; and
8 (C) is found by a court by clear and convincing evidence to be
9 likely to repeat an act that would be an offense described in
10 subsection (a) if committed by an adult.
11 (c) In making a determination under subsection (b)(2)(C), the court
12 shall consider expert testimony concerning whether a child is likely to
13 repeat an act that would be an offense described in subsection (a) if
14 committed by an adult.
15 SECTION 3. IC 11-8-8-5, AS AMENDED BY P.L.142-2020,
16 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2023]: Sec. 5. (a) Except as provided in section 22 of this
18 chapter, as used in this chapter, "sex or violent offender" means a
19 person convicted of any of the following offenses:
20 (1) Rape (IC 35-42-4-1).
21 (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
22 (3) Child molesting (IC 35-42-4-3).
23 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
24 (5) Vicarious sexual gratification (including performing sexual
25 conduct in the presence of a minor) (IC 35-42-4-5).
26 (6) Child solicitation (IC 35-42-4-6).
27 (7) Child seduction (IC 35-42-4-7).
28 (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
29 Class B, or Class C felony (for a crime committed before July 1,
30 2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
31 crime committed after June 30, 2014), unless:
32 (A) the person is convicted of sexual misconduct with a minor
33 as a Class C felony (for a crime committed before July 1,
34 2014) or a Level 5 felony (for a crime committed after June
35 30, 2014);
36 (B) the person is not more than:
37 (i) four (4) years older than the victim if the offense was
38 committed after June 30, 2007; or
39 (ii) five (5) years older than the victim if the offense was
40 committed before July 1, 2007; and
41 (C) the sentencing court finds that the person should not be
42 required to register as a sex offender.
2023 IN 67—LS 6268/DI 106 6
1 (9) Incest (IC 35-46-1-3).
2 (10) Sexual battery (IC 35-42-4-8).
3 (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
4 (18) years of age, and the person who kidnapped the victim is not
5 the victim's parent or guardian.
6 (12) Criminal confinement (IC 35-42-3-3), if the victim is less
7 than eighteen (18) years of age, and the person who confined or
8 removed the victim is not the victim's parent or guardian.
9 (13) Possession of child pornography (IC 35-42-4-4(d) or
10 IC 35-42-4-4(e)).
11 (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
12 (for a crime committed before July 1, 2014) or a Level 4 felony
13 (for a crime committed after June 30, 2014).
14 (15) Promotion of human sexual trafficking under
15 IC 35-42-3.5-1.1.
16 (16) Promotion of child sexual trafficking under
17 IC 35-42-3.5-1.2(a).
18 (17) Promotion of sexual trafficking of a younger child (IC
19 35-42-3.5-1.2(c)).
20 (18) Child sexual trafficking (IC 35-42-3.5-1.3).
21 (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
22 less than eighteen (18) years of age.
23 (20) Murder (IC 35-42-1-1).
24 (21) Voluntary manslaughter (IC 35-42-1-3).
25 (22) Sexual misconduct by a service provider with a detained or
26 supervised child (IC 35-44.1-3-10(c)).
27 (23) Sex with a minor (IC 35-42-4-9.5).
28 (b) The term includes:
29 (1) a person who is required to register as a sex or violent
30 offender in any jurisdiction; and
31 (2) a child who has committed a delinquent act and who:
32 (A) is at least fourteen (14) years of age;
33 (B) is on probation, is on parole, is discharged from a facility
34 by the department of correction, is discharged from a secure
35 private facility (as defined in IC 31-9-2-115), or is discharged
36 from a juvenile detention facility as a result of an adjudication
37 as a delinquent child for an act that would be an offense
38 described in subsection (a) if committed by an adult; and
39 (C) is found by a court by clear and convincing evidence to be
40 likely to repeat an act that would be an offense described in
41 subsection (a) if committed by an adult.
42 (c) In making a determination under subsection (b)(2)(C), the court
2023 IN 67—LS 6268/DI 106 7
1 shall consider expert testimony concerning whether a child is likely to
2 repeat an act that would be an offense described in subsection (a) if
3 committed by an adult.
4 SECTION 4. IC 11-10-11.5-11, AS AMENDED BY P.L.209-2015,
5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2023]: Sec. 11. (a) While assigned to a community transition
7 program, a person must comply with:
8 (1) the rules concerning the conduct of persons in the community
9 transition program, including rules related to payments described
10 in section 12 of this chapter, that are adopted by the community
11 corrections advisory board establishing the program or, in
12 counties that are not served by a community corrections program,
13 that are jointly adopted by the courts in the county with felony
14 jurisdiction; and
15 (2) any conditions established by the sentencing court for the
16 person.
17 (b) As a rule of the community transition program, a person
18 convicted of a sex offense (as defined in IC 11-8-8-5.2) may not use a
19 social networking web site (as defined in IC 35-31.5-2-307) or an
20 instant messaging or chat room program (as defined in
21 IC 35-31.5-2-173) to communicate, directly or through an intermediary,
22 with a child less than sixteen (16) eighteen (18) years of age. However,
23 the rules of the community transition program may permit the offender
24 to communicate using a social networking web site or an instant
25 messaging or chat room program with:
26 (1) the offender's own child, stepchild, or sibling; or
27 (2) another relative of the offender specifically named in the rules
28 applicable to that person.
29 (c) As a rule of the community transition program, an individual
30 may be required to receive:
31 (1) addiction counseling;
32 (2) inpatient detoxification;
33 (3) case management;
34 (4) daily living skills; and
35 (5) medication assisted treatment, including a federal Food and
36 Drug Administration approved long acting, nonaddictive
37 medication for the treatment of opioid or alcohol dependence.
38 SECTION 5. IC 11-13-3-4, AS AMENDED BY P.L.45-2022,
39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2023]: Sec. 4. (a) A condition to remaining on parole is that
41 the parolee not commit a crime during the period of parole.
42 (b) The parole board may also adopt, under IC 4-22-2, additional
2023 IN 67—LS 6268/DI 106 8
1 conditions to remaining on parole and require a parolee to satisfy one
2 (1) or more of these conditions. These conditions must be reasonably
3 related to the parolee's successful reintegration into the community and
4 not unduly restrictive of a fundamental right.
5 (c) If a person is released on parole, the parolee shall be given a
6 written statement of the conditions of parole. Signed copies of this
7 statement shall be:
8 (1) retained by the parolee;
9 (2) forwarded to any person charged with the parolee's
10 supervision; and
11 (3) placed in the parolee's master file.
12 (d) The parole board may modify parole conditions if the parolee
13 receives notice of that action and had ten (10) days after receipt of the
14 notice to express the parolee's views on the proposed modification.
15 This subsection does not apply to modification of parole conditions
16 after a revocation proceeding under section 10 of this chapter.
17 (e) As a condition of parole, the parole board may require the
18 parolee to reside in a particular parole area. In determining a parolee's
19 residence requirement, the parole board shall:
20 (1) consider:
21 (A) the residence of the parolee prior to the parolee's
22 incarceration; and
23 (B) the parolee's place of employment; and
24 (2) assign the parolee to reside in the county where the parolee
25 resided prior to the parolee's incarceration unless assignment on
26 this basis would be detrimental to the parolee's successful
27 reintegration into the community.
28 (f) As a condition of parole, the parole board may require the
29 parolee to:
30 (1) periodically undergo a laboratory chemical test (as defined in
31 IC 9-13-2-22) or series of tests to detect and confirm the presence
32 of a controlled substance (as defined in IC 35-48-1-9); and
33 (2) have the results of any test under this subsection reported to
34 the parole board by the laboratory.
35 The parolee is responsible for any charges resulting from a test
36 required under this subsection. However, a person's parole may not be
37 revoked on the basis of the person's inability to pay for a test under this
38 subsection.
39 (g) As a condition of parole, the parole board:
40 (1) may require a parolee who is a sex offender (as defined in
41 IC 11-8-8-4.5) to:
42 (A) participate in a treatment program for sex offenders
2023 IN 67—LS 6268/DI 106 9
1 approved by the parole board; and
2 (B) avoid contact with any person who is less than sixteen (16)
3 eighteen (18) years of age unless the parolee:
4 (i) receives the parole board's approval; or
5 (ii) successfully completes the treatment program referred to
6 in clause (A); and
7 (2) shall:
8 (A) require a parolee who is a sex or violent offender (as
9 defined in IC 11-8-8-5) to register with a local law
10 enforcement authority under IC 11-8-8;
11 (B) prohibit a parolee who is a sex offender from residing
12 within one thousand (1,000) feet of school property (as defined
13 in IC 35-31.5-2-285) for the period of parole, unless the sex
14 offender obtains written approval from the parole board;
15 (C) prohibit a parolee who is a sex offender convicted of a sex
16 offense (as defined in IC 35-38-2-2.5) from residing within
17 one (1) mile of the victim of the sex offender's sex offense
18 unless the sex offender obtains a waiver under IC 35-38-2-2.5;
19 (D) prohibit a parolee who is a sex offender from owning,
20 operating, managing, being employed by, or volunteering at
21 any attraction designed to be primarily enjoyed by children
22 less than sixteen (16) eighteen (18) years of age;
23 (E) require a parolee who is a sex offender to consent:
24 (i) to the search of the sex offender's personal computer at
25 any time; and
26 (ii) to the installation on the sex offender's personal
27 computer or device with Internet capability, at the sex
28 offender's expense, of one (1) or more hardware or software
29 systems to monitor Internet usage; and
30 (F) prohibit the sex offender from:
31 (i) accessing or using certain web sites, chat rooms, or
32 instant messaging programs frequented by children; and
33 (ii) deleting, erasing, or tampering with information on the
34 sex offender's personal computer with intent to conceal an
35 activity prohibited by item (i).
36 The parole board may not grant a sexually violent predator (as defined
37 in IC 35-38-1-7.5) or a sex offender who is an offender against children
38 under IC 35-42-4-11 a waiver under subdivision (2)(B) or (2)(C). If the
39 parole board allows the sex offender to reside within one thousand
40 (1,000) feet of school property under subdivision (2)(B), the parole
41 board shall notify each school within one thousand (1,000) feet of the
42 sex offender's residence of the order.
2023 IN 67—LS 6268/DI 106 10
1 (h) The address of the victim of a parolee who is a sex offender
2 convicted of a sex offense (as defined in IC 35-38-2-2.5) is
3 confidential, even if the sex offender obtains a waiver under
4 IC 35-38-2-2.5.
5 (i) As a condition of parole, the parole board may require a parolee
6 to participate in a reentry court program.
7 (j) This subsection does not apply to a person on lifetime parole. As
8 a condition of parole, the parole board shall require a parolee who is a
9 sexually violent predator under IC 35-38-1-7.5 or who is a sex or
10 violent offender (as defined in IC 11-8-8-5) to wear a monitoring
11 device (as described in IC 35-38-2.5-3) that can transmit information
12 twenty-four (24) hours each day regarding a person's precise location,
13 subject to a validated sex offender risk assessment, and subject to the
14 amount appropriated to the department for a monitoring program as a
15 condition of parole.
16 (k) As a condition of parole, the parole board may prohibit, in
17 accordance with IC 35-38-2-2.6, a parolee who has been convicted of
18 stalking from residing within one thousand (1,000) feet of the residence
19 of the victim of the stalking for a period that does not exceed five (5)
20 years.
21 (l) As a condition of parole, the parole board may prohibit a parolee
22 convicted of an offense under IC 35-46-3 from owning, harboring, or
23 training an animal, and, if the parole board prohibits a parolee
24 convicted of an offense under IC 35-46-3 from having direct or indirect
25 contact with an individual, the parole board may also prohibit the
26 parolee from having direct or indirect contact with any animal
27 belonging to the individual.
28 (m) As a condition of parole, the parole board may require a parolee
29 to receive:
30 (1) addiction counseling;
31 (2) inpatient detoxification;
32 (3) case management;
33 (4) daily living skills; and
34 (5) medication assisted treatment, including a federal Food and
35 Drug Administration approved long acting, nonaddictive
36 medication for the treatment of opioid or alcohol dependence.
37 (n) A parolee may be responsible for the reasonable expenses, as
38 determined by the department, of the parolee's participation in a
39 treatment or other program required as a condition of parole under this
40 section. However, a person's parole may not be revoked solely on the
41 basis of the person's inability to pay for a program required as a
42 condition of parole under this section.
2023 IN 67—LS 6268/DI 106 11
1 (o) As a condition of parole, the parole board shall prohibit a person
2 convicted of an animal abuse offense (as defined in IC 35-38-2-2.8)
3 from owning, harboring, or training a companion animal (as defined in
4 IC 35-38-2-2.8).
5 SECTION 6. IC 16-21-8-1, AS AMENDED BY P.L.161-2014,
6 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2023]: Sec. 1. (a) A hospital licensed under IC 16-21-2 that
8 provides general medical and surgical hospital services shall provide
9 forensic medical exams and additional forensic services to all alleged
10 sex crime victims who apply for forensic medical exams and additional
11 forensic services in relation to injuries or trauma resulting from the
12 alleged sex crime. To the extent practicable, the hospital shall use a
13 sexual assault examination kit to conduct forensic exams and provide
14 forensic services. The provision of services may not be dependent on
15 a victim's reporting to, or cooperating with, law enforcement.
16 (b) For the purposes of this chapter, the following crimes are
17 considered sex crimes:
18 (1) Rape (IC 35-42-4-1).
19 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
20 (3) Child molesting (IC 35-42-4-3).
21 (4) Vicarious sexual gratification (IC 35-42-4-5).
22 (5) Sexual battery (IC 35-42-4-8).
23 (6) Sexual misconduct with a minor (IC 35-42-4-9).
24 (7) Sex with a minor (IC 35-42-4-9.5).
25 (7) (8) Child solicitation (IC 35-42-4-6).
26 (8) (9) Child seduction (IC 35-42-4-7).
27 (9) (10) Incest (IC 35-46-1-3).
28 (c) Payment for services under this section shall be processed in
29 accordance with rules adopted by the victim services division of the
30 Indiana criminal justice institute.
31 SECTION 7. IC 16-34-2-4.2, AS ADDED BY P.L.173-2017,
32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2023]: Sec. 4.2. (a) This section applies only if consent is
34 required under section 4 of this chapter and has not been given.
35 (b) This section does not apply to a person who aids or assists an
36 unemancipated pregnant minor who has obtained or is seeking to
37 obtain:
38 (1) parental consent; or
39 (2) a waiver of parental consent;
40 under section 4 of this chapter.
41 (c) A person may not knowingly or intentionally aid or assist an
42 unemancipated pregnant minor in obtaining an abortion without the
2023 IN 67—LS 6268/DI 106 12
1 consent required by section 4 of this chapter.
2 (d) Except as provided in subsection (g), a person who violates
3 subsection (c) is civilly liable to the unemancipated pregnant minor and
4 the parent or legal guardian or custodian of the unemancipated
5 pregnant minor. A court may award damages to the unemancipated
6 pregnant minor or the parent or legal guardian or custodian of the
7 unemancipated pregnant minor who is adversely affected by a violation
8 of this section, including the following damages:
9 (1) Compensation for physical or emotional injury, without the
10 need of being physically present at the act or event.
11 (2) Attorney's fees.
12 (3) Court costs.
13 (4) Punitive damages.
14 However, an adult who engaged in or consented to another person
15 engaging in a sex act with a minor in violation of IC 35-42-4-3(a), or
16 IC 35-42-4-9, or IC 35-42-4-9.5 that resulted in the pregnancy may not
17 be awarded damages under this subsection.
18 (e) An unemancipated pregnant minor does not have the capacity to
19 consent to any action in violation of this section or section 4 of this
20 chapter. A person may not use as a defense to a violation of subsection
21 (c) that the abortion was performed or induced with consent of the
22 unemancipated pregnant minor and otherwise met the requirements of
23 this chapter.
24 (f) The parent or legal guardian or custodian of the unemancipated
25 pregnant minor may petition a court to enjoin conduct that would
26 violate this section if the parent or legal guardian or custodian can
27 show that the conduct is reasonably anticipated to occur in the future.
28 A court may enjoin conduct that would violate this section.
29 (g) A person may not bring a cause of action under this section
30 against a person who is related to the minor as a:
31 (1) parent or stepparent;
32 (2) grandparent or stepgrandparent; or
33 (3) sibling or stepsibling.
34 SECTION 8. IC 31-11-1-7, AS ADDED BY P.L.94-2020,
35 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2023]: Sec. 7. (a) A minor who is sixteen (16) or seventeen
37 (17) years of age may petition the juvenile court in the county in which
38 the minor resides for an order granting the minor approval to marry and
39 completely emancipating the minor. The petition must contain the
40 following information:
41 (1) The minor's name, gender, and age.
42 (2) Documentary proof of the minor's date of birth.
2023 IN 67—LS 6268/DI 106 13
1 (3) The minor's address, and how long the minor has resided at
2 that address.
3 (4) The following information with regard to the intended spouse:
4 (A) The intended spouse's name, gender, and age.
5 (B) Documentary proof of the intended spouse's date of birth.
6 (C) The intended spouse's address, and how long the intended
7 spouse has resided at that address.
8 (5) A statement of:
9 (A) the reasons the minor desires to marry;
10 (B) how the minor and the intended spouse came to know each
11 other; and
12 (C) how long the minor and the intended spouse have known
13 each other.
14 (6) Copies of:
15 (A) any criminal records of the minor and of the intended
16 spouse; and
17 (B) any protective order:
18 (i) issued to protect or restrain either the minor or the
19 intended spouse; and
20 (ii) relating to domestic or family violence, a sexual offense,
21 or stalking.
22 (7) Evidence that the minor has demonstrated maturity and
23 capacity for self-sufficiency and self-support independent of the
24 minor's parents or legal guardians or the intended spouse,
25 including proof that the minor:
26 (A) has graduated from high school;
27 (B) has obtained a high school equivalency diploma;
28 (C) has a plan for continued education;
29 (D) has completed a vocational training or certificate program;
30 (E) has attained a professional licensure or certification; or
31 (F) has maintained stable housing or employment for at least
32 three (3) consecutive months prior to filing the petition.
33 (b) A court with which a petition under subsection (a) is filed shall:
34 (1) set a date for an evidentiary hearing on the petition;
35 (2) provide reasonable notice of the hearing to the minor and the
36 minor's parents or legal guardians; and
37 (3) appoint an attorney to serve as guardian ad litem for the
38 minor.
39 (c) At the evidentiary hearing, the court shall conduct an in camera
40 interview with the minor separate from the minor's parents or legal
41 guardians and intended spouse.
42 (d) Following the evidentiary hearing, and subject to subsection (e),
2023 IN 67—LS 6268/DI 106 14
1 the court may grant the petition if the court finds all of the following:
2 (1) The minor is a county resident who is at least sixteen (16)
3 years of age.
4 (2) The intended spouse is not more than four (4) years older than
5 the minor.
6 (3) The minor's decision to marry is voluntary, and free from
7 force, fraud, or coercion.
8 (4) The minor is mature enough to make a decision to marry.
9 (5) The minor has established the minor's capacity to be
10 self-sufficient and self-supporting independent of the minor's
11 parents, legal guardians, and intended spouse.
12 (6) The minor understands the rights and responsibilities of
13 parties to marriage and of completely emancipated minors.
14 (7) It is in the best interests of the minor for the court to grant the
15 petition to marry and to completely emancipate the minor. In
16 making the determination under this subdivision, the court shall
17 consider how marriage and emancipation may affect the minor's
18 health, safety, education, and welfare.
19 A court that grants a petition under this section shall issue written
20 findings regarding the court's conclusions under subdivisions (1)
21 through (7).
22 (e) The following, considered independently or together, are not
23 sufficient to determine the best interests of a minor for purposes of this
24 section:
25 (1) The fact that the minor or the intended spouse is pregnant or
26 has had a child.
27 (2) The wishes of the parents or legal guardians of the minor.
28 However, there is a rebuttable presumption that marriage and
29 emancipation are not in the best interests of the minor if both parents
30 of the minor oppose the minor's marriage and emancipation.
31 (f) The juvenile court shall deny a petition under this section if the
32 court finds any of the following:
33 (1) The intended spouse:
34 (A) is or was in a position of authority or special trust in
35 relation to the minor; or
36 (B) has or had a professional relationship with the minor, as
37 defined in IC 35-42-4-7.
38 (2) The intended spouse has been convicted of, or entered into a
39 diversion program for, an offense under IC 35-42:
40 (A) that involves an act of violence;
41 (B) of which a child was the victim; or
42 (C) that is an offense under:
2023 IN 67—LS 6268/DI 106 15
1 (i) IC 35-42-3.5; or
2 (ii) IC 35-42-4.
3 (3) Either the minor or the intended spouse is pregnant or is the
4 mother of a child, and the court finds by a preponderance of
5 evidence that:
6 (A) the other party to the marriage is the father of the child or
7 unborn child; and
8 (B) the conception of the child or unborn child resulted from
9 the commission of an offense under:
10 (i) IC 35-42-4-3 (child molesting);
11 (ii) IC 35-42-4-6 (child solicitation);
12 (iii) IC 35-42-4-7 (child seduction); or
13 (iv) IC 35-42-4-9 (sexual misconduct with a minor); or
14 (v) IC 35-42-4-9.5 (sex with a minor).
15 (4) The intended spouse has previously been enjoined by a
16 protective order relating to domestic or family violence, a sexual
17 offense, or stalking, regardless of whether the person protected by
18 the order was the minor.
19 (g) If a court grants a petition under this section, the court shall also
20 issue an order of complete emancipation of the minor and provide a
21 certified copy of the order to the minor.
22 (h) A minor emancipated under this section is considered to have all
23 the rights and responsibilities of an adult, except as provided under
24 specific constitutional or statutory age requirements that apply to the
25 minor because of the minor's age, including requirements related to
26 voting, use of alcoholic beverages or tobacco products, and other health
27 and safety regulations.
28 (i) A court hearing a petition under this section may issue any other
29 order the court considers appropriate for the minor's protection.
30 (j) A court that grants a petition under this section may require that
31 both parties to the marriage complete premarital counseling with a
32 marriage and family therapist licensed under IC 25-22.5, IC 25-23.6-8,
33 or IC 25-33.
34 (k) A court that grants a petition under this section may impose any
35 other condition on the grant of the petition that the court determines is
36 reasonable under the circumstances.
37 SECTION 9. IC 31-19-2.5-2 IS AMENDED TO READ AS
38 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 2. (a) Except as
39 provided in subsection (b), IC 31-19-4 applies to notice given to a
40 putative father and IC 31-19-4.5 applies to notice given to other
41 persons.
42 (b) If a petition for adoption alleges the consent of a putative father
2023 IN 67—LS 6268/DI 106 16
1 or a parent to the adoption has not been obtained and is unnecessary
2 under:
3 (1) IC 31-19-9-8(a)(1);
4 (2) IC 31-19-9-8(a)(2);
5 (3) IC 31-19-9-8(a)(4)(B);
6 (4) IC 31-19-9-8(a)(4)(C);
7 (5) IC 31-19-9-8(a)(4)(D);
8 (5) (6) IC 31-19-9-8(a)(9); or
9 (6) (7) IC 31-19-9-8(a)(11);
10 notice must be given under IC 31-19-4.5.
11 SECTION 10. IC 31-19-2.5-4, AS AMENDED BY P.L.203-2021,
12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2023]: Sec. 4. Notice of the pendency of the adoption
14 proceedings does not have to be given to:
15 (1) a person whose consent to adoption has been filed with the
16 court;
17 (2) a person whose consent to adoption is not required by:
18 (A) IC 31-19-9-8(a)(4)(A);
19 (B) IC 31-19-9-8(a)(4)(D);
20 (C) IC 31-19-9-8(a)(4)(E);
21 (C) (D) IC 31-19-9-8(a)(5);
22 (D) (E) IC 31-19-9-8(a)(6);
23 (E) (F) IC 31-19-9-8(a)(7);
24 (F) (G) IC 31-19-9-8(a)(8);
25 (G) (H) IC 31-19-9-9;
26 (H) (I) IC 31-19-9-10;
27 (I) (J) IC 31-19-9-12;
28 (J) (K) IC 31-19-9-15; or
29 (K) (L) IC 31-19-9-18;
30 (3) the hospital of an infant's birth or a hospital to which an infant
31 is transferred for medical reasons after birth if the infant is being
32 adopted at or shortly after birth;
33 (4) a person whose parental rights have been terminated before
34 the entry of a final decree of adoption; or
35 (5) a person who has waived notice under:
36 (A) IC 31-19-4-8; or
37 (B) IC 31-19-4.5-4.
38 SECTION 11. IC 31-19-9-8, AS AMENDED BY P.L.142-2020,
39 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2023]: Sec. 8. (a) Consent to adoption, which may be required
41 under section 1 of this chapter, is not required from any of the
42 following:
2023 IN 67—LS 6268/DI 106 17
1 (1) A parent or parents if the child is adjudged to have been
2 abandoned or deserted for at least six (6) months immediately
3 preceding the date of the filing of the petition for adoption.
4 (2) A parent of a child in the custody of another person if for a
5 period of at least one (1) year the parent:
6 (A) fails without justifiable cause to communicate
7 significantly with the child when able to do so; or
8 (B) knowingly fails to provide for the care and support of the
9 child when able to do so as required by law or judicial decree.
10 (3) The biological father of a child born out of wedlock whose
11 paternity has not been established:
12 (A) by a court proceeding other than the adoption proceeding;
13 or
14 (B) by executing a paternity affidavit under IC 16-37-2-2.1.
15 (4) The biological father of a child born out of wedlock who was
16 conceived as a result of:
17 (A) a rape for which the father was convicted under
18 IC 35-42-4-1;
19 (B) child molesting (IC 35-42-4-3);
20 (C) sexual misconduct with a minor (IC 35-42-4-9);
21 (D) sex with a minor (IC 35-42-4-9.5); or
22 (D) (E) incest (IC 35-46-1-3).
23 (5) The putative father of a child born out of wedlock if the
24 putative father's consent to adoption is irrevocably implied under
25 section 15 of this chapter.
26 (6) The biological father of a child born out of wedlock if the:
27 (A) father's paternity is established after the filing of a petition
28 for adoption in a court proceeding or by executing a paternity
29 affidavit under IC 16-37-2-2.1; and
30 (B) father is required to but does not register with the putative
31 father registry established by IC 31-19-5 within the period
32 required by IC 31-19-5-12.
33 (7) A parent who has relinquished the parent's right to consent to
34 adoption as provided in this chapter.
35 (8) A parent after the parent-child relationship has been
36 terminated under IC 31-35 (or IC 31-6-5 before its repeal).
37 (9) A parent judicially declared incompetent or mentally defective
38 if the court dispenses with the parent's consent to adoption.
39 (10) A legal guardian or lawful custodian of the person to be
40 adopted who has failed to consent to the adoption for reasons
41 found by the court not to be in the best interests of the child.
42 (11) A parent if:
2023 IN 67—LS 6268/DI 106 18
1 (A) a petitioner for adoption proves by clear and convincing
2 evidence that the parent is unfit to be a parent; and
3 (B) the best interests of the child sought to be adopted would
4 be served if the court dispensed with the parent's consent.
5 (12) A child's biological father who denies paternity of the child
6 before or after the birth of the child if the denial of paternity:
7 (A) is in writing;
8 (B) is signed by the child's father in the presence of a notary
9 public; and
10 (C) contains an acknowledgment that:
11 (i) the denial of paternity is irrevocable; and
12 (ii) the child's father will not receive notice of adoption
13 proceedings.
14 A child's father who denies paternity of the child under this
15 subdivision may not challenge or contest the child's adoption.
16 (b) If a parent has made only token efforts to support or to
17 communicate with the child the court may declare the child abandoned
18 by the parent.
19 SECTION 12. IC 31-19-10-1.2, AS AMENDED BY P.L.203-2021,
20 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2023]: Sec. 1.2. (a) If a petition for adoption alleges that a
22 parent's consent to adoption is unnecessary under:
23 (1) IC 31-19-9-8(a)(1); or
24 (2) IC 31-19-9-8(a)(2);
25 and the parent files a motion to contest the adoption under section 1 of
26 this chapter, a petitioner for adoption has the burden of proving that the
27 parent's consent to the adoption is unnecessary under IC 31-19-9-8.
28 (b) If a petition for adoption alleges that a parent's consent to
29 adoption is unnecessary under:
30 (1) IC 31-19-9-8(a)(4)(B); or
31 (2) IC 31-19-9-8(a)(4)(C); or
32 (3) IC 31-19-9-8(a)(4)(D);
33 and the parent files a motion to contest the adoption under section 1 of
34 this chapter, the parent has the burden of proving that the child was not
35 conceived under circumstances that would cause the parent's consent
36 to be unnecessary under IC 31-19-9-8(a)(4). The absence of a criminal
37 prosecution and conviction is insufficient to satisfy the burden of proof.
38 (c) If a petition for adoption alleges that a parent's consent to
39 adoption is unnecessary under IC 31-19-9-8(a)(9) and the parent files
40 a motion to contest the adoption under section 1 of this chapter, a
41 petitioner for adoption has the burden of proving that the parent's
42 consent to the adoption is unnecessary under IC 31-19-9-8(a)(9).
2023 IN 67—LS 6268/DI 106 19
1 (d) If a petition for adoption alleges that a legal guardian or lawful
2 custodian's consent to adoption is unnecessary under
3 IC 31-19-9-8(a)(10) and the legal guardian or lawful custodian files a
4 motion to contest the adoption under section 1 of this chapter, the legal
5 guardian or lawful custodian has the burden of proving that the
6 withholding of the consent to adoption is in the best interests of the
7 person sought to be adopted.
8 (e) If a petition for adoption alleges that a parent's consent to
9 adoption is unnecessary under IC 31-19-9-8(a)(11) and the parent files
10 a motion to contest the adoption under section 1 of this chapter, a
11 petitioner for adoption has the burden of proving that the requirements
12 of IC 31-19-9-8(a)(11) are satisfied and that the best interests of the
13 child are served if the court dispenses with the parent's consent to
14 adoption.
15 (f) If a petition for adoption alleges that a parent's consent to
16 adoption is unnecessary under:
17 (1) IC 31-19-9-9; or
18 (2) IC 31-19-9-10;
19 and the parent files a motion to contest the adoption under section 1 of
20 this chapter, a petitioner has the burden of proving that the
21 requirements of IC 31-19-9-9 or IC 31-19-9-10, respectively, are
22 satisfied and that the best interests of the child are served if the court
23 dispenses with the parent's consent to adoption.
24 (g) If a court finds that the person who filed the motion to contest
25 the adoption fails to:
26 (1) diligently prosecute the motion;
27 (2) comply with procedural rules and statutes governing contested
28 adoptions;
29 (3) obey an order of the court; or
30 (4) appear, after proper notice, at a hearing relating to the motion
31 to contest the adoption;
32 the court may dismiss the motion to contest with prejudice, and the
33 person's consent to the adoption shall be irrevocably implied.
34 (h) A court that dismisses a person's motion to contest under
35 subsection (g)(4) shall notify the person of the dismissal and may set
36 aside the dismissal if, not later than fourteen (14) days after the person
37 receives notice of the dismissal, the person files a motion with the court
38 setting forth facts that:
39 (1) establish good cause for the person's failure to appear; and
40 (2) if proven, demonstrate that the person's failure to appear was
41 reasonable.
42 SECTION 13. IC 31-27-4-35, AS ADDED BY P.L.145-2006,
2023 IN 67—LS 6268/DI 106 20
1 SECTION 273, IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2023]: Sec. 35. (a) A licensee must immediately
3 contact the department if:
4 (1) a foster child less than sixteen (16) eighteen (18) years of age,
5 while living in a foster home, engages in or is the victim of sexual
6 contact (as defined in IC 25-1-9-3.5);
7 (2) a foster child, while living in a foster home, is:
8 (A) charged with or adjudicated as having committed an act
9 that would be a crime under IC 35-42-4 if committed by an
10 adult;
11 (B) charged with or convicted of an offense under IC 35-42-4;
12 or
13 (C) the victim of an offense under IC 35-42-4; or
14 (3) the licensee learns that a foster child has, before placement
15 with the licensee, engaged in or been the victim of an act
16 described in subdivision (1) or (2).
17 (b) The information provided to the department under subsection (a)
18 must include:
19 (1) the name of the child;
20 (2) the date of the occurrence of the act if it can be determined;
21 (3) a description of the act;
22 (4) the name of the responding law enforcement agency if a law
23 enforcement agency is contacted; and
24 (5) any other information the licensee determines is relevant.
25 (c) Notwithstanding any other law, the department shall provide
26 information described in subsection (b)(1) through (b)(4), whether
27 received from a licensee or another reliable source, to:
28 (1) a prospective licensee before the placement of the foster child
29 with that licensee; and
30 (2) each licensee with whom the foster child has previously been
31 placed.
32 (d) The notification requirements of subsection (c) apply to a foster
33 child who has:
34 (1) engaged in sexual contact (as defined in IC 25-1-9-3.5) if the
35 foster child is less than sixteen (16) eighteen (18) years of age;
36 (2) been charged with or adjudicated as having committed an act
37 that would be a crime under IC 35-42-4 if committed by an adult;
38 or
39 (3) been charged with or convicted of an offense under
40 IC 35-42-4.
41 SECTION 14. IC 31-34-1-3, AS AMENDED BY P.L.142-2020,
42 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2023 IN 67—LS 6268/DI 106 21
1 JULY 1, 2023]: Sec. 3. (a) A child is a child in need of services if,
2 before the child becomes eighteen (18) years of age:
3 (1) the child is the victim of an offense under:
4 (A) IC 35-42-4-1;
5 (B) IC 35-42-4-2 (before its repeal);
6 (C) IC 35-42-4-3;
7 (D) IC 35-42-4-4;
8 (E) IC 35-42-4-5;
9 (F) IC 35-42-4-6;
10 (G) IC 35-42-4-7;
11 (H) IC 35-42-4-8;
12 (I) IC 35-42-4-9;
13 (J) IC 35-42-4-9.5;
14 (J) (K) IC 35-45-4-1;
15 (K) (L) IC 35-45-4-2;
16 (L) (M) IC 35-45-4-3;
17 (M) (N) IC 35-45-4-4; or
18 (N) (O) IC 35-46-1-3; and
19 (2) the child needs care, treatment, or rehabilitation that:
20 (A) the child is not receiving; and
21 (B) is unlikely to be provided or accepted without the coercive
22 intervention of the court.
23 (b) A child is a child in need of services if, before the child becomes
24 eighteen (18) years of age, the child:
25 (1) lives in the same household as an adult who:
26 (A) committed an offense described in subsection (a)(1)
27 against a child and the offense resulted in a conviction or a
28 judgment under IC 31-34-11-2; or
29 (B) has been charged with an offense described in subsection
30 (a)(1) against a child and is awaiting trial; and
31 (2) needs care, treatment, or rehabilitation that:
32 (A) the child is not receiving; and
33 (B) is unlikely to be provided or accepted without the coercive
34 intervention of the court.
35 (c) A child is a child in need of services if, before the child becomes
36 eighteen (18) years of age:
37 (1) the child lives in the same household as another child who is
38 the victim of an offense described in subsection (a)(1);
39 (2) the child needs care, treatment, or rehabilitation that:
40 (A) the child is not receiving; and
41 (B) is unlikely to be provided or accepted without the coercive
42 intervention of the court; and
2023 IN 67—LS 6268/DI 106 22
1 (3) a caseworker assigned to provide services to the child:
2 (A) places the child in a program of informal adjustment or
3 other family or rehabilitative services based on the existence
4 of the circumstances described in subdivisions (1) and (2), and
5 the caseworker subsequently determines further intervention
6 is necessary; or
7 (B) determines that a program of informal adjustment or other
8 family or rehabilitative services is inappropriate.
9 (d) A child is a child in need of services if, before the child becomes
10 eighteen (18) years of age:
11 (1) the child lives in the same household as an adult who:
12 (A) committed a human or sexual trafficking offense under
13 IC 35-42-3.5-1 through IC 35-42-3.5-1.4 or the law of another
14 jurisdiction, including federal law, that resulted in a conviction
15 or a judgment under IC 31-34-11-2; or
16 (B) has been charged with a human or sexual trafficking
17 offense under IC 35-42-3.5-1 through IC 35-42-3.5-1.4 or the
18 law of another jurisdiction, including federal law, and is
19 awaiting trial; and
20 (2) the child needs care, treatment, or rehabilitation that:
21 (A) the child is not receiving; and
22 (B) is unlikely to be provided or accepted without the coercive
23 intervention of the court.
24 SECTION 15. IC 31-34-21-5.6, AS AMENDED BY P.L.10-2019,
25 SECTION 125, IS AMENDED TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2023]: Sec. 5.6. (a) Except as provided in
27 subsection (c), a court may make a finding described in this section at
28 any phase of a child in need of services proceeding.
29 (b) Reasonable efforts to reunify a child with the child's parent,
30 guardian, or custodian or preserve a child's family as described in
31 section 5.5 of this chapter are not required if the court finds any of the
32 following:
33 (1) A parent, guardian, or custodian of a child who is a child in
34 need of services has been convicted of:
35 (A) an offense described in IC 31-35-3-4(1)(B) or
36 IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J)
37 IC 31-35-3-4(1)(K) against a victim who is:
38 (i) a child described in IC 31-35-3-4(2); or
39 (ii) a parent of the child; or
40 (B) a comparable offense as described in clause (A) in any
41 other state, territory, or country by a court of competent
42 jurisdiction.
2023 IN 67—LS 6268/DI 106 23
1 (2) A parent, guardian, or custodian of a child who is a child in
2 need of services:
3 (A) has been convicted of:
4 (i) the murder (IC 35-42-1-1) or voluntary manslaughter (IC
5 35-42-1-3) of a victim who is a child described in
6 IC 31-35-3-4(2)(B) or a parent of the child; or
7 (ii) a comparable offense described in item (i) in any other
8 state, territory, or country; or
9 (B) has been convicted of:
10 (i) aiding, inducing, or causing another person;
11 (ii) attempting; or
12 (iii) conspiring with another person;
13 to commit an offense described in clause (A).
14 (3) A parent, guardian, or custodian of a child who is a child in
15 need of services has been convicted of:
16 (A) battery as a Class A felony (for a crime committed before
17 July 1, 2014) or Level 2 felony (for a crime committed after
18 June 30, 2014);
19 (B) battery as a Class B felony (for a crime committed before
20 July 1, 2014) or Level 3 or Level 4 felony (for a crime
21 committed after June 30, 2014);
22 (C) battery as a Class C felony (for a crime committed before
23 July 1, 2014) or Level 5 felony (for a crime committed after
24 June 30, 2014);
25 (D) aggravated battery (IC 35-42-2-1.5);
26 (E) criminal recklessness (IC 35-42-2-2) as a Class C felony
27 (for a crime committed before July 1, 2014) or a Level 5
28 felony (for a crime committed after June 30, 2014);
29 (F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
30 (for a crime committed before July 1, 2014) or a Level 1 or
31 Level 3 felony (for a crime committed after June 30, 2014);
32 (G) promotion of human labor trafficking, promotion of human
33 sexual trafficking, promotion of child sexual trafficking,
34 promotion of sexual trafficking of a younger child, child
35 sexual trafficking, or human trafficking (IC 35-42-3.5-1
36 through IC 35-42-3.5-1.4) as a felony; or
37 (H) a comparable offense described in clauses (A) through (G)
38 under federal law or in another state, territory, or country;
39 against a child described in IC 31-35-3-4(2)(B).
40 (4) The parental rights of a parent with respect to a biological or
41 adoptive sibling of a child who is a child in need of services have
42 been involuntarily terminated by a court under:
2023 IN 67—LS 6268/DI 106 24
1 (A) IC 31-35-2 (involuntary termination involving a
2 delinquent child or a child in need of services);
3 (B) IC 31-35-3 (involuntary termination involving an
4 individual convicted of a criminal offense); or
5 (C) any comparable law described in clause (A) or (B) in any
6 other state, territory, or country.
7 (5) The child is an abandoned infant, provided that the court:
8 (A) has appointed a guardian ad litem or court appointed
9 special advocate for the child; and
10 (B) after receiving a written report and recommendation from
11 the guardian ad litem or court appointed special advocate, and
12 after a hearing, finds that reasonable efforts to locate the
13 child's parents or reunify the child's family would not be in the
14 best interests of the child.
15 (c) During or at any time after the first periodic case review under
16 IC 31-34-21-2 of a child in need of services proceeding, if the court
17 finds that a parent, guardian, or custodian of the child has been charged
18 with an offense described in subsection (b)(3) and is awaiting trial, the
19 court may make a finding that reasonable efforts to reunify the child
20 with the child's parent, guardian, or custodian or preserve the child's
21 family as described in section 5.5 of this chapter may be suspended
22 pending the disposition of the parent's, guardian's, or custodian's
23 criminal charge.
24 SECTION 16. IC 31-35-3-4, AS AMENDED BY P.L.214-2013,
25 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2023]: Sec. 4. If:
27 (1) an individual is convicted of the offense of:
28 (A) murder (IC 35-42-1-1);
29 (B) causing suicide (IC 35-42-1-2);
30 (C) voluntary manslaughter (IC 35-42-1-3);
31 (D) involuntary manslaughter (IC 35-42-1-4);
32 (E) rape (IC 35-42-4-1);
33 (F) criminal deviate conduct (IC 35-42-4-2) (repealed);
34 (G) child molesting (IC 35-42-4-3);
35 (H) child exploitation (IC 35-42-4-4);
36 (I) sexual misconduct with a minor (IC 35-42-4-9); or
37 (J) sex with a minor (IC 35-42-4-9.5); or
38 (J) (K) incest (IC 35-46-1-3); and
39 (2) the victim of the offense:
40 (A) was less than:
41 (i) sixteen (16) years of age at the time of the offense for an
42 offense described in subdivision (1)(A) through (1)(I) or
2023 IN 67—LS 6268/DI 106 25
1 subdivision (1)(K); and or
2 (ii) eighteen (18) years of age at the time of the offense
3 for an offense described in subdivision (1)(J); and
4 (B) is:
5 (i) the individual's biological or adoptive child; or
6 (ii) the child of a spouse of the individual who has
7 committed the offense;
8 the attorney for the department, the child's guardian ad litem, or the
9 court appointed special advocate may file a petition with the juvenile
10 or probate court to terminate the parent-child relationship of the
11 individual who has committed the offense with the victim of the
12 offense, the victim's siblings, or any biological or adoptive child of that
13 individual.
14 SECTION 17. IC 35-31.5-2-216, AS AMENDED BY P.L.48-2017,
15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2023]: Sec. 216. "Offense relating to a criminal sexual act"
17 means the following:
18 (1) Rape (IC 35-42-4-1).
19 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
20 (3) Child molesting (IC 35-42-4-3).
21 (4) Child seduction (IC 35-42-4-7).
22 (5) Prostitution (IC 35-45-4-2).
23 (6) Making an unlawful proposition (IC 35-45-4-3).
24 (7) Incest (IC 35-46-1-3).
25 (8) Sexual misconduct with a minor under IC 35-42-4-9(a).
26 (9) Sex with a minor under IC 35-42-4-9.5(a).
27 SECTION 18. IC 35-38-2-2.4, AS AMENDED BY P.L.1-2010,
28 SECTION 142, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2023]: Sec. 2.4. As a condition of probation, the
30 court may require a sex offender (as defined in IC 11-8-8-4.5) to:
31 (1) participate in a treatment program for sex offenders approved
32 by the court; and
33 (2) avoid contact with any person who is less than sixteen (16)
34 eighteen (18) years of age unless the probationer:
35 (A) receives the court's approval; or
36 (B) successfully completes the treatment program referred to
37 in subdivision (1).
38 SECTION 19. IC 35-38-2-2.5, AS AMENDED BY P.L.13-2016,
39 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2023]: Sec. 2.5. (a) As used in this section, "offender" means
41 an individual convicted of a sex offense.
42 (b) As used in this section, "sex offense" means any of the
2023 IN 67—LS 6268/DI 106 26
1 following:
2 (1) Rape (IC 35-42-4-1).
3 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
4 (3) Child molesting (IC 35-42-4-3).
5 (4) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
6 (5) Vicarious sexual gratification (IC 35-42-4-5).
7 (6) Child solicitation (IC 35-42-4-6).
8 (7) Child seduction (IC 35-42-4-7).
9 (8) Sexual battery (IC 35-42-4-8).
10 (9) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
11 (10) Sex with a minor (IC 35-42-4-9.5).
12 (10) (11) Incest (IC 35-46-1-3).
13 (c) A condition of remaining on probation or parole after conviction
14 for a sex offense is that the offender not reside within one (1) mile of
15 the residence of the victim of the offender's sex offense.
16 (d) An offender:
17 (1) who will be placed on probation shall provide the sentencing
18 court and the probation department with the address where the
19 offender intends to reside during the period of probation:
20 (A) at the time of sentencing if the offender will be placed on
21 probation without first being incarcerated; or
22 (B) before the offender's release from incarceration if the
23 offender will be placed on probation after completing a term
24 of incarceration; or
25 (2) who will be placed on parole shall provide the parole board
26 with the address where the offender intends to reside during the
27 period of parole.
28 (e) An offender, while on probation or parole, may not establish a
29 new residence within one (1) mile of the residence of the victim of the
30 offender's sex offense unless the offender first obtains a waiver from
31 the:
32 (1) court, if the offender is placed on probation; or
33 (2) parole board, if the offender is placed on parole;
34 for the change of address under subsection (f).
35 (f) The court or parole board may waive the requirement set forth in
36 subsection (c) only if the court or parole board, at a hearing at which
37 the offender is present and of which the prosecuting attorney has been
38 notified, determines that:
39 (1) the offender has successfully completed a sex offender
40 treatment program during the period of probation or parole;
41 (2) the offender is in compliance with all terms of the offender's
42 probation or parole; and
2023 IN 67—LS 6268/DI 106 27
1 (3) good cause exists to allow the offender to reside within one (1)
2 mile of the residence of the victim of the offender's sex offense.
3 However, the court or parole board may not grant a waiver under this
4 subsection if the offender is a sexually violent predator under
5 IC 35-38-1-7.5 or if the offender is an offender against children under
6 IC 35-42-4-11.
7 (g) If the court or parole board grants a waiver under subsection (f),
8 the court or parole board shall state in writing the reasons for granting
9 the waiver. The court's written statement of its reasons shall be
10 incorporated into the record.
11 (h) The address of the victim of the offender's sex offense is
12 confidential even if the court or parole board grants a waiver under
13 subsection (f).
14 SECTION 20. IC 35-38-2-2.7, AS AMENDED BY P.L.5-2022,
15 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2023]: Sec. 2.7. As a condition of probation or parole after
17 conviction for a sex offense (as defined in IC 11-8-8-5.2), the court
18 shall prohibit the convicted person from using a social networking web
19 site or an instant messaging or chat room program to communicate with
20 a child less than sixteen (16) eighteen (18) years of age. However, the
21 court may permit the offender to communicate using a social
22 networking web site or an instant messaging or chat room program
23 with:
24 (1) the offender's own child, stepchild, or sibling; or
25 (2) another relative of the offender specifically named in the
26 court's order.
27 SECTION 21. IC 35-41-4-2, AS AMENDED BY P.L.31-2020,
28 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2023]: Sec. 2. (a) Except as otherwise provided in this section,
30 a prosecution for an offense is barred unless it is commenced:
31 (1) within five (5) years after the commission of the offense, in
32 the case of a Class B, Class C, or Class D felony (for a crime
33 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
34 Level 6 felony (for a crime committed after June 30, 2014); or
35 (2) within two (2) years after the commission of the offense, in the
36 case of a misdemeanor.
37 (b) A prosecution for a Class B or Class C felony (for a crime
38 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
39 (for a crime committed after June 30, 2014) that would otherwise be
40 barred under this section may be commenced within one (1) year after
41 the earlier of the date on which the state:
42 (1) first discovers evidence sufficient to charge the offender with
2023 IN 67—LS 6268/DI 106 28
1 the offense through DNA (deoxyribonucleic acid) analysis; or
2 (2) could have discovered evidence sufficient to charge the
3 offender with the offense through DNA (deoxyribonucleic acid)
4 analysis by the exercise of due diligence.
5 (c) Except as provided in subsection (e), a prosecution for a Class
6 A felony (for a crime committed before July 1, 2014) or a Level 1
7 felony or Level 2 felony (for a crime committed after June 30, 2014)
8 may be commenced at any time.
9 (d) A prosecution for murder may be commenced:
10 (1) at any time; and
11 (2) regardless of the amount of time that passes between:
12 (A) the date a person allegedly commits the elements of
13 murder; and
14 (B) the date the alleged victim of the murder dies.
15 (e) Except as provided in subsection (p), a prosecution for the
16 following offenses is barred unless commenced before the date that the
17 alleged victim of the offense reaches thirty-one (31) years of age:
18 (1) IC 35-42-4-3 (Child molesting).
19 (2) IC 35-42-4-5 (Vicarious sexual gratification).
20 (3) IC 35-42-4-6 (Child solicitation).
21 (4) IC 35-42-4-7 (Child seduction).
22 (5) IC 35-42-4-9 (Sexual misconduct with a minor).
23 (6) IC 35-42-4-9.5 (Sex with a minor).
24 (6) (7) IC 35-46-1-3 (Incest).
25 (f) A prosecution for forgery of an instrument for payment of
26 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
27 is barred unless it is commenced within five (5) years after the maturity
28 of the instrument.
29 (g) If a complaint, indictment, or information is dismissed because
30 of an error, defect, insufficiency, or irregularity, a new prosecution may
31 be commenced within ninety (90) days after the dismissal even if the
32 period of limitation has expired at the time of dismissal, or will expire
33 within ninety (90) days after the dismissal.
34 (h) The period within which a prosecution must be commenced does
35 not include any period in which:
36 (1) the accused person is not usually and publicly resident in
37 Indiana or so conceals himself or herself that process cannot be
38 served;
39 (2) the accused person conceals evidence of the offense, and
40 evidence sufficient to charge the person with that offense is
41 unknown to the prosecuting authority and could not have been
42 discovered by that authority by exercise of due diligence; or
2023 IN 67—LS 6268/DI 106 29
1 (3) the accused person is a person elected or appointed to office
2 under statute or constitution, if the offense charged is theft or
3 conversion of public funds or bribery while in public office.
4 (i) For purposes of tolling the period of limitation only, a
5 prosecution is considered commenced on the earliest of these dates:
6 (1) The date of filing of an indictment, information, or complaint
7 before a court having jurisdiction.
8 (2) The date of issuance of a valid arrest warrant.
9 (3) The date of arrest of the accused person by a law enforcement
10 officer without a warrant, if the officer has authority to make the
11 arrest.
12 (j) A prosecution is considered timely commenced for any offense
13 to which the defendant enters a plea of guilty, notwithstanding that the
14 period of limitation has expired.
15 (k) The following apply to the specified offenses:
16 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
17 funeral trust funds) is barred unless commenced within five (5)
18 years after the date of death of the settlor (as described in
19 IC 30-2-9).
20 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
21 of funeral trust funds) is barred unless commenced within five (5)
22 years after the date of death of the settlor (as described in
23 IC 30-2-10).
24 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
25 of funeral trust or escrow account funds) is barred unless
26 commenced within five (5) years after the date of death of the
27 purchaser (as defined in IC 30-2-13-9).
28 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
29 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
30 years after the earlier of the date on which the state:
31 (1) first discovers evidence sufficient to charge the offender with
32 the offense; or
33 (2) could have discovered evidence sufficient to charge the
34 offender with the offense by the exercise of due diligence.
35 (m) A prosecution for a sex offense listed in IC 11-8-8-4.5 that is
36 committed against a child and that is not:
37 (1) a Class A felony (for a crime committed before July 1, 2014)
38 or a Level 1 felony or Level 2 felony (for a crime committed after
39 June 30, 2014); or
40 (2) listed in subsection (e);
41 is barred unless commenced within ten (10) years after the commission
42 of the offense, or within four (4) years after the person ceases to be a
2023 IN 67—LS 6268/DI 106 30
1 dependent of the person alleged to have committed the offense,
2 whichever occurs later.
3 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
4 crime committed before July 1, 2014) or as a Level 3 felony (for a
5 crime committed after June 30, 2014) that would otherwise be barred
6 under this section may be commenced not later than five (5) years after
7 the earlier of the date on which:
8 (1) the state first discovers evidence sufficient to charge the
9 offender with the offense through DNA (deoxyribonucleic acid)
10 analysis;
11 (2) the state first becomes aware of the existence of a recording
12 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
13 to charge the offender with the offense; or
14 (3) a person confesses to the offense.
15 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
16 (repealed) as a Class B felony for a crime committed before July 1,
17 2014, that would otherwise be barred under this section may be
18 commenced not later than five (5) years after the earliest of the date on
19 which:
20 (1) the state first discovers evidence sufficient to charge the
21 offender with the offense through DNA (deoxyribonucleic acid)
22 analysis;
23 (2) the state first becomes aware of the existence of a recording
24 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
25 to charge the offender with the offense; or
26 (3) a person confesses to the offense.
27 (p) A prosecution for an offense described in subsection (e) that
28 would otherwise be barred under this section may be commenced not
29 later than five (5) years after the earliest of the date on which:
30 (1) the state first discovers evidence sufficient to charge the
31 offender with the offense through DNA (deoxyribonucleic acid)
32 analysis;
33 (2) the state first becomes aware of the existence of a recording
34 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
35 to charge the offender with the offense; or
36 (3) a person confesses to the offense.
37 SECTION 22. IC 35-42-4-9.5 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2023]: Sec. 9.5. (a) A person at least
40 twenty-two (22) years of age who, with a child at least sixteen (16)
41 years of age but less than eighteen (18) years of age, performs or
42 submits to sexual intercourse or other sexual conduct (as defined
2023 IN 67—LS 6268/DI 106 31
1 in IC 35-31.5-2-221.5) commits sex with a minor, a Level 5 felony.
2 (b) A person at least twenty-two (22) years of age who, with a
3 child at least sixteen (16) years of age but less than eighteen (18)
4 years of age, performs or submits to any fondling or touching of
5 either the child or the older person, with intent to arouse or to
6 satisfy the sexual desires of either the child or the older person,
7 commits sex with a minor, a Level 6 felony.
8 (c) It is a defense that the accused person reasonably believed
9 that the child was at least eighteen (18) years of age at the time of
10 the conduct.
11 (d) It is a defense that the child is or has ever been married.
12 SECTION 23. IC 35-42-4-12, AS AMENDED BY P.L.5-2022,
13 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2023]: Sec. 12. (a) This section applies only to a sex offender
15 (as defined in IC 11-8-8-4.5).
16 (b) A sex offender who knowingly or intentionally violates a:
17 (1) condition of probation;
18 (2) condition of parole; or
19 (3) rule of a community transition program;
20 that prohibits the offender from using a social networking web site or
21 an instant messaging or chat room program to communicate with a
22 child less than sixteen (16) eighteen (18) years of age commits a sex
23 offender Internet offense, a Class A misdemeanor. However, the
24 offense is a Level 6 felony if the person has a prior unrelated
25 conviction under this section.
26 (c) It is a defense to a prosecution under subsection (b) that the
27 person reasonably believed that the child was at least sixteen (16)
28 eighteen (18) years of age.
29 SECTION 24. IC 35-42-4-14, AS AMENDED BY P.L.142-2020,
30 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2023]: Sec. 14. (a) As used in this section, "serious sex
32 offender" means a person required to register as a sex offender under
33 IC 11-8-8 who is:
34 (1) found to be a sexually violent predator under IC 35-38-1-7.5;
35 or
36 (2) convicted of one (1) or more of the following offenses:
37 (A) Child molesting (IC 35-42-4-3).
38 (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
39 (C) Possession of child pornography (IC 35-42-4-4(d) or
40 IC 35-42-4-4(e)).
41 (D) Vicarious sexual gratification (IC 35-42-4-5(a) and
42 IC 35-42-4-5(b)).
2023 IN 67—LS 6268/DI 106 32
1 (E) Performing sexual conduct in the presence of a minor (IC
2 35-42-4-5(c)).
3 (F) Child solicitation (IC 35-42-4-6).
4 (G) Child seduction (IC 35-42-4-7).
5 (H) Sexual misconduct with a minor (IC 35-42-4-9).
6 (I) Sex with a minor (IC 35-42-4-9.5).
7 (b) A serious sex offender who knowingly or intentionally enters
8 school property commits unlawful entry by a serious sex offender, a
9 Level 6 felony.
10 (c) It is a defense to a prosecution under subsection (b) that:
11 (1) a religious institution or house of worship is located on the
12 school property; and
13 (2) the person:
14 (A) enters the school property or other entity described in
15 IC 35-31.5-2-285(1)(A) through IC 35-31.5-2-285(1)(D) when
16 classes, extracurricular activities, or any other school activities
17 are not being held:
18 (i) for the sole purpose of attending worship services or
19 receiving religious instruction; and
20 (ii) not earlier than thirty (30) minutes before the beginning
21 of the worship services or religious instruction; and
22 (B) leaves the school property not later than thirty (30)
23 minutes after the conclusion of the worship services or
24 religious instruction.
25 SECTION 25. IC 35-44.1-3-9, AS AMENDED BY P.L.45-2022,
26 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2023]: Sec. 9. A person who is being supervised on lifetime
28 parole (as described in IC 35-50-6-1) and who knowingly or
29 intentionally:
30 (1) violates a condition (including a special condition imposed by
31 the parole board) of lifetime parole; or
32 (2) without the authorization of the parole board, has direct or
33 indirect contact with:
34 (A) a child less than sixteen (16) eighteen (18) years of age;
35 or
36 (B) the victim of a sex offense committed by the person;
37 commits criminal violation of a lifetime parole condition, a Level 6
38 felony. However, the offense is a Level 5 felony if the person has a
39 prior unrelated conviction under this section.
40 SECTION 26. IC 35-50-2-14, AS AMENDED BY P.L.142-2020,
41 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2023]: Sec. 14. (a) As used in this section, "sex offense"
2023 IN 67—LS 6268/DI 106 33
1 means a felony conviction under IC 35-42-4-1 through IC 35-42-4-9
2 IC 35-42-4-9.5 or under IC 35-46-1-3.
3 (b) The state may seek to have a person sentenced as a repeat sexual
4 offender for a sex offense described in subsection (a) by alleging, on a
5 page separate from the rest of the charging instrument, that the person
6 has accumulated one (1) prior unrelated felony conviction for a sex
7 offense described in subsection (a).
8 (c) After a person has been convicted and sentenced for a felony
9 described in subsection (a) after having been sentenced for a prior
10 unrelated sex offense described in subsection (a), the person has
11 accumulated one (1) prior unrelated felony sex offense conviction.
12 However, a conviction does not count for purposes of this subsection,
13 if:
14 (1) it has been set aside; or
15 (2) it is a conviction for which the person has been pardoned.
16 (d) If the person was convicted of the sex offense in a jury trial, the
17 jury shall reconvene to hear evidence in the enhancement hearing. If
18 the trial was to the court, or the judgment was entered on a guilty plea,
19 the court alone shall hear evidence in the enhancement hearing.
20 (e) A person is a repeat sexual offender if the jury (if the hearing is
21 by jury) or the court (if the hearing is to the court alone) finds that the
22 state has proved beyond a reasonable doubt that the person had
23 accumulated one (1) prior unrelated felony sex offense conviction.
24 (f) The court may sentence a person found to be a repeat sexual
25 offender to an additional fixed term that is the advisory sentence for the
26 underlying offense. However, the additional sentence may not exceed
27 ten (10) years.
2023 IN 67—LS 6268/DI 106