LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6124 NOTE PREPARED: Oct 31, 2023
BILL NUMBER: SB 11 BILL AMENDED:
SUBJECT: Child Seduction.
FIRST AUTHOR: Sen. Bohacek BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that an elected official, a public appointee, or an officer of the
court commits child seduction if the elected official, public appointee, or officer of the court abuses the
person's professional relationship with a child to engage in sexual activity with the child. It also makes
conforming amendments.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Summary - This bill makes it a new crime for the following persons
to have sexual relations with children under the age of 18:
1. persons elected to an office of a county, city, town, or township, or the state
2. lawyers
3. judges, including an administrative law judge and a hearing office
4. guardians ad litem
5. a court appointed special advocates
6. a court appointed forensic advocates (as described in IC 35-36-12-5)
7. an early intervention advocates (as defined in IC 31-9-2-43.2)
8. clerks of any court
9. court personnel
There would be exceptions if any of these persons are in a dating relationship with a child between the ages
of 16 and 18. Any increase in DOC’s population is expected to be minor.
SB 11 1 Additional Information - Under current law, the age of consent is 16, so a child between the ages of 16 and
18 can legally have sexual relations with a person over 18 as long as the older person is not in a position of
authority over the child. As proposed, persons who are elected and other officials could be charged with child
seduction for consensual sexual relations and more serious penalties if the child is younger than 16.
The following table summarizes the differences between criminal penalties under existing law for certain
sexual acts and what this bill proposes by making these acts child seduction.
Age of ChildSexual Act Current Law Proposed
Older than 16
Fondling or
Touching
No Penalty Level 6 Felony
Sexual or Other
Intercourse
No Penalty Level 5 Felony
Between 14
and 16
1
Fondling or
Touching
Level 6 Felony if perpetrator between 18 and 21
Level 5 if perpetrator older than 21
Level 5 Felony
Sexual or Other
Intercourse
Level 5 Felony if perpetrator between 18 and 21
Level 4 if older than 21
Level 4 Felony
13 or
Younger
2
Fondling or
Touching
Level 4 Felony (no allowance for perpetrator’s age)Level 3 Felony
Sexual or Other
Intercourse
Level 3 Felony if perpetrator between 18 and 21
Level 1 if perpetrator older than 21
Level 2 Felony
1
Under current law, these crimes would be punished as sexual misconduct with a minor
2
Under current law, these crimes would be punished as child molesting
The following table shows the penalty ranges for these felonies:
Level 2Level 3Level 4Level 5Level 6
Minimum Sentence 10 years3 years2 years1 years 6 mos.
Advisory Sentence 17.5 years9 years6 years3 years 1 year
Maximum Sentence 30 years16 years12 years6 years30 months
% committed to DOC 78% 74% 62% 42% 7%
Average Prison Sentence 12.2 years6.8 years5.0 years2.6 years1.5 years
Length of Stay
1
9.2 years5.1 years3.75 years2.0 years0.75 years
1
based on good time credit
The average expenditure to house an adult offender was $28,110 annually, or $76.96 daily, in FY 2023. (This
does not include the cost of new construction.) If offenders can be housed in existing facilities with no
additional staff, the marginal cost for medical care, food, and clothing is approximately $4,456 annually, or
$12.21 daily, per prisoner. The marginal cost estimates are based on contractual agreements with food and
medical vendors and projections based on prior years for clothing and hygiene.
SB 11 2 Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund (from criminal fines) and the state General Fund (from court fees) would increase.
The maximum fine for a felony is $10,000 which is deposited into the Common School Fund. The total fee
revenue per case would range between $113 and $135. The amount of court fees deposited will vary
depending on whether the case is filed in a court of record or a municipal court. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
Explanation of Local Expenditures: If more defendants are detained in county jails prior to their court
hearings, local expenditures for jail operations may increase. The average cost per day is approximately
$64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county
jails across Indiana during CY 2021.
Explanation of Local Revenues: If the case is filed in a court of record, the county general fund will receive
$47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a municipal court,
the county receives $30, and the municipality will receive $46. The following linked document describes the
fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Prosecuting attorneys, courts with criminal jurisdiction, local law
enforcement, trial courts.
Information Sources: Indiana Code; Indiana Supreme Court, Abstracts of Judgment; Department of
Correction, U.S. Department of Justice Marshals Service.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 11 3