Indiana 2025 2025 Regular Session

Indiana Senate Bill SB0236 Introduced / Bill

Filed 01/08/2025

                     
Introduced Version
SENATE BILL No. 236
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 4-6-17; IC 35-52-4-5.5.
Synopsis:  Enforcement of federal child sex crimes. Provides that a
person who violates certain federal offenses concerning child sexual
abuse commits a Level 1 felony. Allows the attorney general to do the
following with respect to certain crimes against children: (1)
investigate complaints of the criminal activity; (2) assist victims of the
crimes; (3) cooperate with certain law enforcement agencies in the
investigation of the crime; and (4) assist prosecutors in the
investigation and prosecution of the crime. Allows the attorney general
to cooperate with the National Center for Missing and Exploited
Children with an investigation of alleged offenses related to sexual
exploitation of children. Allows the attorney general to notify a law
enforcement agency and a prosecuting attorney if the attorney general
has reasonable suspicion to believe that a person has committed certain
offenses against a child. Allows a prosecuting attorney to deputize the
attorney general or a deputy attorney general to prosecute certain
offenses against children. 
Effective:  July 1, 2025.
Johnson T
January 8, 2025, read first time and referred to Committee on Corrections and Criminal
Law.
2025	IN 236—LS 6941/DI 149 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 236
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-6-17 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 17. State Enforcement of Federal Laws Against the
5 Sexual Exploitation of Children
6 Sec. 1. As used in this chapter, "child" means an individual less
7 than eighteen (18) years of age.
8 Sec. 2. As used in this chapter, "child sexually abusive material"
9 means material displaying sexual conduct that violates 18 U.S.C.
10 1591.
11 Sec. 3. As used in this chapter, "interactive computer service"
12 means an information service, system, or access software provider
13 that provides or enables computer access by multiple users to a
14 computer server, including an electronic communication service as
15 defined by 18 U.S.C. 2510(15) or electronic communications system
16 as defined by 18 U.S.C. 2510(14).
17 Sec. 4. (a) An individual who knowingly or intentionally violates
2025	IN 236—LS 6941/DI 149 2
1 one (1) of the following federal offenses commits a Level 1 felony:
2 (1) Sex trafficking of children or by force, fraud, or coercion
3 (18 U.S.C. 1591).
4 (2) Sexual exploitation of children (18 U.S.C. 2251).
5 (3) Selling or buying of children (18 U.S.C. 2251A).
6 (4) Certain activities relating to material involving the sexual
7 exploitation of minors (18 U.S.C. 2252).
8 (5) Certain activities relating to material constituting or
9 containing child pornography (18 U.S.C. 2252A).
10 (b) This section applies to a federal offense described in
11 subsection (a)(1) through (a)(5) that is in effect on July 1, 2025.
12 Sec. 5. (a) The attorney general may do the following:
13 (1) Investigate complaints of criminal activity of offenses
14 described in section 4 of this chapter.
15 (2) Assist victims of offenses described in section 4 of this
16 chapter with the removal of child sexually abusive material
17 from an interactive computer service.
18 (3) Cooperate with federal, state, and local law enforcement
19 agencies in the investigation of an offense described in section
20 4 of this chapter. To the extent authorized by federal law, the
21 attorney general may enforce compliance with the federal
22 offenses described in section 4 of this chapter or refer
23 suspected violations of the statutes to the appropriate federal
24 regulatory agencies.
25 (4) Assist state and federal prosecutors in the investigation
26 and prosecution of the offenses described in section 4 of this
27 chapter.
28 (5) Cooperate with the National Center for Missing and
29 Exploited Children with an investigation of alleged offenses
30 related to sexual exploitation of children and may report an
31 allegation concerning the sexual exploitation of a child to the
32 National Center for Missing and Exploited Children's
33 CyberTipline.
34 (b) The attorney general shall adopt rules under IC 4-22-2 to the
35 extent necessary to execute duties under this chapter.
36 Sec. 6. The attorney general may do any of the following when
37 conducting an investigation under section 5 of this chapter:
38 (1) Issue and serve a subpoena for the production of records,
39 including records stored in electronic data processing systems,
40 books, papers, and documents for inspection by the attorney
41 general or an investigator.
42 (2) Issue and serve a subpoena for the appearance of a person
2025	IN 236—LS 6941/DI 149 3
1 to provide testimony under oath.
2 (3) Apply to a court with jurisdiction to enforce a subpoena
3 described in subdivision (1) or (2).
4 Sec. 7. If the attorney general determines during an
5 investigation conducted under this chapter that there is reasonable
6 suspicion to believe that a person has committed an offense
7 described in section 4 of this chapter, the attorney general shall
8 promptly notify a law enforcement agency and the prosecuting
9 attorney that have jurisdiction over the person or offense.
10 Sec. 8. A prosecuting attorney may deputize the attorney
11 general or a deputy attorney general for purposes of the
12 prosecution of an offense described in section 4 of this chapter.
13 SECTION 2. IC 35-52-4-3.5 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
15 1, 2025]: Sec. 3.5. IC 4-6-17-4 defines crimes concerning child
16 sexual abuse.
2025	IN 236—LS 6941/DI 149