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Indiana Senate Bill SB0011

Indiana 2024 Regular Session

Indiana Senate Bill SB0011 Compare Versions

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11
22 Introduced Version
33 SENATE BILL No. 11
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 35-31.5-2; IC 35-42-4-7.
77 Synopsis: Child seduction. Provides that an elected official, a public
88 appointee, or an officer of the court commits child seduction if the
99 elected official, public appointee, or officer of the court abuses the
1010 person's professional relationship with a child to engage in sexual
1111 activity with the child. Makes conforming amendments.
1212 Effective: July 1, 2024.
1313 Bohacek, Alting
1414 January 8, 2024, read first time and referred to Committee on Corrections and Criminal
1515 Law.
1616 2024 IN 11—LS 6124/DI 106 Introduced
1717 Second Regular Session of the 123rd General Assembly (2024)
1818 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1919 Constitution) is being amended, the text of the existing provision will appear in this style type,
2020 additions will appear in this style type, and deletions will appear in this style type.
2121 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2222 provision adopted), the text of the new provision will appear in this style type. Also, the
2323 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2424 a new provision to the Indiana Code or the Indiana Constitution.
2525 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2626 between statutes enacted by the 2023 Regular Session of the General Assembly.
2727 SENATE BILL No. 11
2828 A BILL FOR AN ACT to amend the Indiana Code concerning
2929 criminal law and procedure.
3030 Be it enacted by the General Assembly of the State of Indiana:
3131 1 SECTION 1. IC 35-31.5-2-109.7 IS ADDED TO THE INDIANA
3232 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3333 3 [EFFECTIVE JULY 1, 2024]: Sec. 109.7. "Elected official", for
3434 4 purposes of IC 35-42-4-7, has the meaning set forth in
3535 5 IC 35-42-4-7.
3636 6 SECTION 2. IC 35-31.5-2-217.6 IS ADDED TO THE INDIANA
3737 7 CODE AS A NEW SECTION TO READ AS FOLLOWS
3838 8 [EFFECTIVE JULY 1, 2024]: Sec. 217.6. "Officer of the court", for
3939 9 purposes of IC 35-42-4-7, has the meaning set forth in
4040 10 IC 35-42-4-7.
4141 11 SECTION 3. IC 35-31.5-2-256.8 IS ADDED TO THE INDIANA
4242 12 CODE AS A NEW SECTION TO READ AS FOLLOWS
4343 13 [EFFECTIVE JULY 1, 2024]: Sec. 256.8. "Public appointee", for
4444 14 purposes of IC 35-42-4-7, has the meaning set forth in
4545 15 IC 35-42-4-7.
4646 16 SECTION 4. IC 35-42-4-7, AS AMENDED BY P.L.133-2023,
4747 17 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4848 2024 IN 11—LS 6124/DI 106 2
4949 1 JULY 1, 2024]: Sec. 7. (a) As used in this section, "adoptive parent"
5050 2 has the meaning set forth in IC 31-9-2-6.
5151 3 (b) As used in this section, "adoptive grandparent" means the parent
5252 4 of an adoptive parent.
5353 5 (c) As used in this section, "charter school" has the meaning set
5454 6 forth in IC 20-18-2-2.5.
5555 7 (d) As used in this section, "child care worker" means a person who:
5656 8 (1) provides care, supervision, or instruction to a child within the
5757 9 scope of the person's employment in a shelter care facility;
5858 10 (2) is employed by a:
5959 11 (A) school corporation;
6060 12 (B) charter school;
6161 13 (C) nonpublic school; or
6262 14 (D) special education cooperative;
6363 15 attended by a child who is the victim of a crime under this
6464 16 chapter; or
6565 17 (3) is:
6666 18 (A) affiliated with a:
6767 19 (i) school corporation;
6868 20 (ii) charter school;
6969 21 (iii) nonpublic school; or
7070 22 (iv) special education cooperative;
7171 23 attended by a child who is the victim of a crime under this
7272 24 chapter, regardless of how or whether the person is
7373 25 compensated;
7474 26 (B) in a position of trust in relation to a child who attends the
7575 27 school or cooperative;
7676 28 (C) engaged in the provision of care or supervision to a child
7777 29 who attends the school or cooperative; and
7878 30 (D) at least four (4) years older than the child who is the
7979 31 victim of a crime under this chapter.
8080 32 The term does not include a student who attends the school or
8181 33 cooperative.
8282 34 (e) As used in this section, "coach" means a person who:
8383 35 (1) provides care, supervision, or instruction to a child within the
8484 36 scope of the person's employment in a youth sports organization;
8585 37 (2) is employed by a youth sports organization attended by a child
8686 38 who is the victim of a crime under this chapter; or
8787 39 (3) is:
8888 40 (A) affiliated with a youth sports organization attended by a
8989 41 child who is the victim of a crime under this chapter,
9090 42 regardless of how or whether the person is compensated;
9191 2024 IN 11—LS 6124/DI 106 3
9292 1 (B) in a position of trust in relation to a child who participates
9393 2 in the youth sports organization;
9494 3 (C) engaged in the provision of care or supervision to a child
9595 4 who participates in the youth sports organization; and
9696 5 (D) at least four (4) years older than the child who is the
9797 6 victim of a crime under this chapter.
9898 7 This term includes a coach who is nonteaching or a volunteer.
9999 8 (f) As used in this section, "custodian" means any person who
100100 9 resides with a child and is responsible for the child's welfare.
101101 10 (g) As used in this section, "elected official" means a person
102102 11 elected to an office of a county, city, town, or township, or the state.
103103 12 (g) (h) As used in this section, "mental health professional" means:
104104 13 (1) a mental health counselor licensed under IC 25-23.6-8.5;
105105 14 (2) a psychologist; or
106106 15 (3) a psychiatrist.
107107 16 (h) (i) As used in this section, "military recruiter" means a member
108108 17 of:
109109 18 (1) the United States Air Force;
110110 19 (2) the United States Army;
111111 20 (3) the United States Coast Guard;
112112 21 (4) the United States Marine Corps;
113113 22 (5) the United States Navy;
114114 23 (6) any reserve components of the military forces listed in
115115 24 subdivisions (1) through (5); or
116116 25 (7) the Indiana National Guard;
117117 26 whose primary job function, classification, or specialty is recruiting
118118 27 individuals to enlist with an entity listed in subdivisions (1) through
119119 28 (7).
120120 29 (i) (j) As used in this section, "nonpublic school" has the meaning
121121 30 set forth in IC 20-18-2-12.
122122 31 (k) As used in this section, "officer of the court" means:
123123 32 (1) a lawyer;
124124 33 (2) a judge, including an administrative law judge and a
125125 34 hearing officer;
126126 35 (3) a guardian ad litem;
127127 36 (4) a court appointed special advocate;
128128 37 (5) a court appointed forensic advocate (as described in
129129 38 IC 35-36-12-5);
130130 39 (6) an early intervention advocate (as defined in
131131 40 IC 31-9-2-43.2);
132132 41 (7) the clerk of any court; or
133133 42 (8) court personnel.
134134 2024 IN 11—LS 6124/DI 106 4
135135 1 (j) (l) For purposes of this section, a person has a "professional
136136 2 relationship" with a child if:
137137 3 (1) the person:
138138 4 (A) has a license issued by the state or a political subdivision
139139 5 on the basis of the person's training and experience that
140140 6 authorizes the person to carry out a particular occupation; or
141141 7 (B) is employed in a position in which counseling, supervising,
142142 8 instructing, or recruiting children forms a significant part of
143143 9 the employment; and
144144 10 (2) the person has a relationship with a child that is based on the
145145 11 person's employment or licensed status as described in
146146 12 subdivision (1).
147147 13 The term includes a relationship between a child and a mental health
148148 14 professional or military recruiter. The term does not include a coworker
149149 15 relationship between a child and a person described in subdivision
150150 16 (1)(B).
151151 17 (m) As used in this section, "public appointee" means a person
152152 18 appointed by an elected official to an agency, board, commission,
153153 19 department, bureau, or other entity of a county, city, town, or
154154 20 township, or of the state, including a state educational institution.
155155 21 (k) (n) As used in this section, "school corporation" has the meaning
156156 22 set forth in IC 20-18-2-16.
157157 23 (l) (o) As used in this section, "special education cooperative" has
158158 24 the meaning set forth in IC 20-35-5-1.
159159 25 (m) (p) As used in this section, "stepparent" means an individual
160160 26 who is married to a child's custodial or noncustodial parent and is not
161161 27 the child's adoptive parent.
162162 28 (n) (q) As used in this section, "workplace supervisor" means an
163163 29 individual who has authority over a child while the child is employed
164164 30 at the child's place of employment. The term includes a person who is
165165 31 responsible for determining the child's wages (including whether the
166166 32 child will receive a raise) or who otherwise has the authority to take an
167167 33 adverse employment action against the child.
168168 34 (o) (r) As used in this section, "youth sports organization" means an
169169 35 athletic or recreational program that is organized for:
170170 36 (1) competition against another team, club, or entity; or
171171 37 (2) athletic instruction;
172172 38 predominantly for children less than eighteen (18) years of age.
173173 39 (p) (s) If a person who:
174174 40 (1) is at least eighteen (18) years of age; and
175175 41 (2) is the:
176176 42 (A) guardian, adoptive parent, adoptive grandparent,
177177 2024 IN 11—LS 6124/DI 106 5
178178 1 custodian, or stepparent of;
179179 2 (B) child care worker for; or
180180 3 (C) coach of;
181181 4 a child less than eighteen (18) years of age;
182182 5 engages with the child in sexual intercourse, other sexual conduct (as
183183 6 defined in IC 35-31.5-2-221.5), or any fondling or touching with the
184184 7 intent to arouse or satisfy the sexual desires of either the child or the
185185 8 adult, the person commits child seduction.
186186 9 (q) (t) A person who:
187187 10 (1) has or had a professional relationship with a child less than
188188 11 eighteen (18) years of age whom the person knows to be less than
189189 12 eighteen (18) years of age;
190190 13 (2) may exert undue influence on the child because of the person's
191191 14 current or previous professional relationship with the child; and
192192 15 (3) uses or exerts the person's professional relationship to engage
193193 16 in sexual intercourse, other sexual conduct (as defined in
194194 17 IC 35-31.5-2-221.5), or any fondling or touching with the child
195195 18 with the intent to arouse or satisfy the sexual desires of the child
196196 19 or the person;
197197 20 commits child seduction.
198198 21 (r) (u) A law enforcement officer who:
199199 22 (1) is at least four (4) years older than a child who is less than
200200 23 eighteen (18) years of age;
201201 24 (2) has contact with the child while acting within the scope of the
202202 25 law enforcement officer's official duties with respect to the child;
203203 26 and
204204 27 (3) uses or exerts the law enforcement officer's professional
205205 28 relationship with the child to engage with the child in:
206206 29 (A) sexual intercourse;
207207 30 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
208208 31 or
209209 32 (C) any fondling or touching with the child with the intent to
210210 33 arouse or satisfy the sexual desires of the child or the law
211211 34 enforcement officer;
212212 35 commits child seduction.
213213 36 (s) (v) In determining whether a person used or exerted the person's
214214 37 professional relationship with the child to engage in sexual intercourse,
215215 38 other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
216216 39 fondling or touching with the intent to arouse or satisfy the sexual
217217 40 desires of the child or the person under this section, the trier of fact
218218 41 may consider one (1) or more of the following:
219219 42 (1) The age difference between the person and the child.
220220 2024 IN 11—LS 6124/DI 106 6
221221 1 (2) Whether the person was in a position of trust with respect to
222222 2 the child.
223223 3 (3) Whether the person's conduct with the child violated any
224224 4 ethical obligations of the person's profession or occupation.
225225 5 (4) The authority that the person had over the child.
226226 6 (5) Whether the person exploited any particular vulnerability of
227227 7 the child.
228228 8 (6) Any other evidence relevant to the person's ability to exert
229229 9 undue influence over the child.
230230 10 (t) (w) This subsection does not apply to a workplace supervisor
231231 11 who had a dating relationship with the child before the child was
232232 12 employed at the place of employment. A workplace supervisor who:
233233 13 (1) is at least four (4) years older than a child who is less than
234234 14 eighteen (18) years of age;
235235 15 (2) supervises the child at the child's place of employment; and
236236 16 (3) uses or exerts the workplace supervisor's supervisory
237237 17 relationship with the child to engage with the child in:
238238 18 (A) sexual intercourse;
239239 19 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
240240 20 or
241241 21 (C) any fondling or touching with the child with the intent to
242242 22 arouse or satisfy the sexual desires of the child or the
243243 23 workplace supervisor;
244244 24 commits child seduction.
245245 25 (u) (x) In determining whether a workplace supervisor used or
246246 26 exerted the workplace supervisor's relationship with the child to engage
247247 27 in sexual intercourse, other sexual conduct (as defined in
248248 28 IC 35-31.5-2-221.5), or any fondling or touching with the intent to
249249 29 arouse or satisfy the sexual desires of the child or the workplace
250250 30 supervisor, the trier of fact may consider one (1) or more of the
251251 31 following:
252252 32 (1) The age difference between the workplace supervisor and the
253253 33 child.
254254 34 (2) Whether the workplace supervisor was in a position of trust
255255 35 with respect to the child.
256256 36 (3) Whether the workplace supervisor suggested to the child that
257257 37 engaging or not engaging in sexual activity with the workplace
258258 38 supervisor would or could affect the child at the child's place of
259259 39 employment.
260260 40 (4) The authority that the workplace supervisor had over the child.
261261 41 (5) Whether the workplace supervisor exploited any particular
262262 42 vulnerability of the child.
263263 2024 IN 11—LS 6124/DI 106 7
264264 1 (6) Any other evidence relevant to the workplace supervisor's
265265 2 ability to exert undue influence over the child.
266266 3 (y) This subsection does not apply to an elected official, public
267267 4 appointee, or officer of the court who had a dating relationship
268268 5 with the child at the time conduct described in subdivision (3)(A)
269269 6 through (3)(C) occurred. An elected official, public appointee, or
270270 7 officer of the court who:
271271 8 (1) is at least four (4) years older than a child who is less than
272272 9 eighteen (18) years of age;
273273 10 (2) has contact with the child while acting within the scope of
274274 11 the person's official responsibilities with respect to the child;
275275 12 and
276276 13 (3) uses or exerts the person's professional relationship with
277277 14 the child to engage with the child in:
278278 15 (A) sexual intercourse;
279279 16 (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
280280 17 or
281281 18 (C) any fondling or touching with the child with the intent
282282 19 to arouse or satisfy the sexual desires of the child or the
283283 20 person;
284284 21 commits child seduction.
285285 22 (z) In determining whether an elected official, public appointee,
286286 23 or officer of the court used or exerted the person's professional
287287 24 relationship with the child to engage in sexual intercourse, other
288288 25 sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling
289289 26 or touching with the intent to arouse or satisfy the sexual desires of
290290 27 the child or the person under this section, the trier of fact may
291291 28 consider one (1) or more of the factors set forth in subsection (v).
292292 29 (v) (aa) Child seduction under this section is:
293293 30 (1) a Level 6 felony if the child is at least sixteen (16) years of age
294294 31 but less than eighteen (18) years of age and the person or law
295295 32 enforcement officer engaged in any fondling or touching with the
296296 33 intent to arouse or satisfy the sexual desires of:
297297 34 (A) the child; or
298298 35 (B) the person or law enforcement officer;
299299 36 (2) a Level 5 felony if the child is at least sixteen (16) years of age
300300 37 but less than eighteen (18) years of age and the person or law
301301 38 enforcement officer engaged in sexual intercourse or other sexual
302302 39 conduct (as defined in IC 35-31.5-2-221.5) with the child;
303303 40 (3) a Level 5 felony if the child is at least fourteen (14) years of
304304 41 age but less than sixteen (16) years of age and the person or law
305305 42 enforcement officer engaged in any fondling or touching with the
306306 2024 IN 11—LS 6124/DI 106 8
307307 1 intent to arouse or satisfy the sexual desires of:
308308 2 (A) the child; or
309309 3 (B) the person or law enforcement officer;
310310 4 (4) a Level 4 felony if the child is at least fourteen (14) years of
311311 5 age but less than sixteen (16) years of age and the person or law
312312 6 enforcement officer engaged in sexual intercourse or other sexual
313313 7 conduct (as defined in IC 35-31.5-2-221.5) with the child;
314314 8 (5) a Level 3 felony if the child is thirteen (13) years of age or
315315 9 under and the person or law enforcement officer engaged in any
316316 10 fondling or touching with the intent to arouse or satisfy the sexual
317317 11 desires of:
318318 12 (A) the child; or
319319 13 (B) the person or law enforcement officer; and
320320 14 (6) a Level 2 felony if the child is thirteen (13) years of age or
321321 15 under and the person or law enforcement officer engaged in
322322 16 sexual intercourse or other sexual conduct (as defined in
323323 17 IC 35-31.5-2-221.5) with the child.
324324 2024 IN 11—LS 6124/DI 106