Indiana 2025 Regular Session

Indiana Senate Bill SB0236 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 236
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-6-17; IC 35-52-4-5.5.
7	7	Synopsis: Enforcement of federal child sex crimes. Provides that a
8	8	person who violates certain federal offenses concerning child sexual
9	9	abuse commits a Level 1 felony. Allows the attorney general to do the
10	10	following with respect to certain crimes against children: (1)
11	11	investigate complaints of the criminal activity; (2) assist victims of the
12	12	crimes; (3) cooperate with certain law enforcement agencies in the
13	13	investigation of the crime; and (4) assist prosecutors in the
14	14	investigation and prosecution of the crime. Allows the attorney general
15	15	to cooperate with the National Center for Missing and Exploited
16	16	Children with an investigation of alleged offenses related to sexual
17	17	exploitation of children. Allows the attorney general to notify a law
18	18	enforcement agency and a prosecuting attorney if the attorney general
19	19	has reasonable suspicion to believe that a person has committed certain
20	20	offenses against a child. Allows a prosecuting attorney to deputize the
21	21	attorney general or a deputy attorney general to prosecute certain
22	22	offenses against children.
23	23	Effective: July 1, 2025.
24	24	Johnson T
25	25	January 8, 2025, read first time and referred to Committee on Corrections and Criminal
26	26	Law.
27	27	2025 IN 236—LS 6941/DI 149 Introduced
28	28	First Regular Session of the 124th General Assembly (2025)
29	29	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
30	30	Constitution) is being amended, the text of the existing provision will appear in this style type,
31	31	additions will appear in this style type, and deletions will appear in this style type.
32	32	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
33	33	provision adopted), the text of the new provision will appear in this style type. Also, the
34	34	word NEW will appear in that style type in the introductory clause of each SECTION that adds
35	35	a new provision to the Indiana Code or the Indiana Constitution.
36	36	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
37	37	between statutes enacted by the 2024 Regular Session of the General Assembly.
38	38	SENATE BILL No. 236
39	39	A BILL FOR AN ACT to amend the Indiana Code concerning state
40	40	offices and administration.
41	41	Be it enacted by the General Assembly of the State of Indiana:
42	42	1 SECTION 1. IC 4-6-17 IS ADDED TO THE INDIANA CODE AS
43	43	2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
44	44	3 1, 2025]:
45	45	4 Chapter 17. State Enforcement of Federal Laws Against the
46	46	5 Sexual Exploitation of Children
47	47	6 Sec. 1. As used in this chapter, "child" means an individual less
48	48	7 than eighteen (18) years of age.
49	49	8 Sec. 2. As used in this chapter, "child sexually abusive material"
50	50	9 means material displaying sexual conduct that violates 18 U.S.C.
51	51	10 1591.
52	52	11 Sec. 3. As used in this chapter, "interactive computer service"
53	53	12 means an information service, system, or access software provider
54	54	13 that provides or enables computer access by multiple users to a
55	55	14 computer server, including an electronic communication service as
56	56	15 defined by 18 U.S.C. 2510(15) or electronic communications system
57	57	16 as defined by 18 U.S.C. 2510(14).
58	58	17 Sec. 4. (a) An individual who knowingly or intentionally violates
59	59	2025 IN 236—LS 6941/DI 149 2
60	60	1 one (1) of the following federal offenses commits a Level 1 felony:
61	61	2 (1) Sex trafficking of children or by force, fraud, or coercion
62	62	3 (18 U.S.C. 1591).
63	63	4 (2) Sexual exploitation of children (18 U.S.C. 2251).
64	64	5 (3) Selling or buying of children (18 U.S.C. 2251A).
65	65	6 (4) Certain activities relating to material involving the sexual
66	66	7 exploitation of minors (18 U.S.C. 2252).
67	67	8 (5) Certain activities relating to material constituting or
68	68	9 containing child pornography (18 U.S.C. 2252A).
69	69	10 (b) This section applies to a federal offense described in
70	70	11 subsection (a)(1) through (a)(5) that is in effect on July 1, 2025.
71	71	12 Sec. 5. (a) The attorney general may do the following:
72	72	13 (1) Investigate complaints of criminal activity of offenses
73	73	14 described in section 4 of this chapter.
74	74	15 (2) Assist victims of offenses described in section 4 of this
75	75	16 chapter with the removal of child sexually abusive material
76	76	17 from an interactive computer service.
77	77	18 (3) Cooperate with federal, state, and local law enforcement
78	78	19 agencies in the investigation of an offense described in section
79	79	20 4 of this chapter. To the extent authorized by federal law, the
80	80	21 attorney general may enforce compliance with the federal
81	81	22 offenses described in section 4 of this chapter or refer
82	82	23 suspected violations of the statutes to the appropriate federal
83	83	24 regulatory agencies.
84	84	25 (4) Assist state and federal prosecutors in the investigation
85	85	26 and prosecution of the offenses described in section 4 of this
86	86	27 chapter.
87	87	28 (5) Cooperate with the National Center for Missing and
88	88	29 Exploited Children with an investigation of alleged offenses
89	89	30 related to sexual exploitation of children and may report an
90	90	31 allegation concerning the sexual exploitation of a child to the
91	91	32 National Center for Missing and Exploited Children's
92	92	33 CyberTipline.
93	93	34 (b) The attorney general shall adopt rules under IC 4-22-2 to the
94	94	35 extent necessary to execute duties under this chapter.
95	95	36 Sec. 6. The attorney general may do any of the following when
96	96	37 conducting an investigation under section 5 of this chapter:
97	97	38 (1) Issue and serve a subpoena for the production of records,
98	98	39 including records stored in electronic data processing systems,
99	99	40 books, papers, and documents for inspection by the attorney
100	100	41 general or an investigator.
101	101	42 (2) Issue and serve a subpoena for the appearance of a person
102	102	2025 IN 236—LS 6941/DI 149 3
103	103	1 to provide testimony under oath.
104	104	2 (3) Apply to a court with jurisdiction to enforce a subpoena
105	105	3 described in subdivision (1) or (2).
106	106	4 Sec. 7. If the attorney general determines during an
107	107	5 investigation conducted under this chapter that there is reasonable
108	108	6 suspicion to believe that a person has committed an offense
109	109	7 described in section 4 of this chapter, the attorney general shall
110	110	8 promptly notify a law enforcement agency and the prosecuting
111	111	9 attorney that have jurisdiction over the person or offense.
112	112	10 Sec. 8. A prosecuting attorney may deputize the attorney
113	113	11 general or a deputy attorney general for purposes of the
114	114	12 prosecution of an offense described in section 4 of this chapter.
115	115	13 SECTION 2. IC 35-52-4-3.5 IS ADDED TO THE INDIANA CODE
116	116	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
117	117	15 1, 2025]: Sec. 3.5. IC 4-6-17-4 defines crimes concerning child
118	118	16 sexual abuse.
119	119	2025 IN 236—LS 6941/DI 149