The bill increases penalties for grooming offenses significantly compared to previous laws. If the offense is committed through a computer network, it escalates from a misdemeanor to a Level 6 felony. Furthermore, if the perpetrator has prior convictions for sex offenses, the crime can be classified as a Level 5 felony. These adjustments in penalties reflect a serious approach to combatting the use of technology in facilitating such crimes and demonstrate a legislative intent to curb sexual exploitation of minors more vigorously.
Summary
Senate Bill No. 91, known as the 'Grooming' bill, seeks to amend Indiana's criminal law concerning the communication of sexual activity with minors. The bill specifically defines sexual grooming as a Class A misdemeanor for individuals at least 18 years of age who knowingly communicate with children under 14 about sexual activities with the intent to prepare them for future sexual activity. This legislative change is part of broader efforts to enhance protections for children against sexual exploitation and abuse, aiming for stricter legal consequences for those who engage in such predatory behaviors.
Contention
One notable point of contention surrounding SB 0091 is the effective inability for certain legal defenses to apply, especially concerning a parent, guardian, or custodian's communication with a child. Critics may argue that this provision could inadvertently affect educational and communicative interactions that are necessary for a child’s development. Additionally, the bill's definitions and thresholds may raise concerns about overreach, potentially criminalizing benign discussions about sexual health between appropriately involved adults and minors.