LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6222 NOTE PREPARED: Nov 25, 2024
BILL NUMBER: SB 91 BILL AMENDED:
SUBJECT: Grooming.
FIRST AUTHOR: Sen. Dernulc BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
It provides that a person at least 18 years of age commits sexual grooming, a Class A misdemeanor, if the
person, with the intent to prepare or condition the child for future sexual activity, communicates with a child
less than 14 years of age concerning sexual activity.
It increases the penalty to a Level 6 felony if the grooming is committed by using a computer network, and
to a Level 5 felony if the person has a prior conviction for a sex offense.
It renames the offense of inappropriate communication with a child "sexual grooming", and increases the
penalty to: (1) a Class A misdemeanor for the base offense; (2) a Level 6 felony if the offense is committed
by using a computer network; and (3) a Level 5 felony if the person has a prior conviction for a sex offense.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Sexual Grooming: The bill increases the criminal penalty for sexual
grooming if the defendant committed the offense using a computer network from a Class A misdemeanor
to a Level 6 felony. It also increase the penalty if the person had a prior unrelated sex offense conviction
from a Level 6 to a Level 5 felony. While it is possible that more persons could be committed to the
Department of Correction (DOC) facilities with the changes in this bill, the added population would likely
be minor.
OFMA found ten persons who were convicted for inappropriate communication as a Class A misdemeanor,
and one person who was convicted as a Level 6 felony for a prior unrelated sex offense, between FY 2017
and FY 2024.
[See Explanation of Local Expenditures for more information on the number of persons who have been
convicted of this offense under current law.]
SB 91 1 Additional Information - A Level 6 felony is punishable by a prison term ranging from 6 to 30 months, with
an advisory sentence of 1 year. A Level 5 felony is punishable by a prison term ranging from 1 to 6 years,
with an advisory sentence of 3 years.
The average expenditure to house an adult offender was $29,432 annually, or $80.58 daily, in FY 2024. (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 $4,719 annually, or
$12.93 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and
medical vendors and projections based on prior years for clothing and hygiene. The estimated average cost
of housing a juvenile in a state juvenile facility was $113,108, or $309.67 daily, in FY 2024. The marginal
cost for juvenile facilities was $8,778 annually or $24.05 daily.
Explanation of State Revenues: Misdemeanors: The bill will increase revenue to the Common School Fund
if a person is convicted and sentenced for a Class A misdemeanor rather than a Class B misdemeanor,
however any increase in revenue is likely to be small. The maximum fine for a Class B misdemeanor is
$1,000 and the maximum fine for a Class A misdemeanor is $5,000.
Felonies: No change would likely occur in state revenue as a result of this bill since criminal fines and court
fees are the same for either Level 6 or Level 5 felonies. The maximum fine for all felonies is $10,000.
If additional court cases occur and fines are collected, revenue to both the Common School Fund and the
state General Fund would increase. The maximum fine for a Level 6 felony is $10,000. Criminal fines are
deposited in the Common School Fund. The total fee revenue per case would range between $113 and $138.
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: Sexual Grooming: The bill increases the criminal penalty for
inappropriate communication with a child, renamed “sexual grooming”, from a Class B to Class A
misdemeanor. If defendants are detained for a longer sentence, local expenditures for jail operations may
increase.
OFMA found five persons who were convicted and sentenced as a Class B misdemeanor, between FY 2017
and FY 2024. The maximum term of imprisonment for a Class B misdemeanor is up to 180 days, while a
Class A misdemeanor is up to one year.
Felony Enhancement: If more defendants are detained in county jails prior to their court hearings, local
expenditures for jail operations may increase. Generally, percentage of people confined in a county jail
before trial will increase as the severity of the felony level increases. If an offender is sentenced to state
prison rather than to a county jail, the costs to the county may be reduced.
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: Court fees for both misdemeanors and felonies are the same.
If additional court actions occur and a guilty verdict is entered, more revenue will be collected by certain
local units. If the case is filed in a court of record, the county general fund will receive $47.40 and qualifying
SB 91 2 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: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 91 3