Bill Text: IN HB1324 | 2011 | Regular Session | Introduced
Bill Title: Child molesting and child solicitation study.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1324 Detail]
Download: Indiana-2011-HB1324-Introduced.html
Citations Affected: IC 35-42-4-3.
Synopsis: Child molesting. Elevates child molesting to a Class B
felony if the child is compelled to submit to the fondling or touching by
force or the threat of force.
Effective: July 1, 2011.
January 13, 2011, read first time and referred to Committee on Courts and Criminal Code.
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A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
(1) it is committed by a person at least twenty-one (21) years of age;
(2) it is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
(3) it results in serious bodily injury; or
(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(b) A person who, with a child under fourteen (14) years of age,
performs or submits to any fondling or touching, of either the child or
the older person, with intent to arouse or to satisfy the sexual desires of
either the child or the older person, commits child molesting, a Class
C felony. However, the offense:
(1) is a Class B felony if the person compels the child to
submit to the fondling or touching by using or threatening to
use force; and
(2) is a Class A felony if:
(1) (A) it is committed by using or threatening the use of
deadly force;
(2) (B) it is committed while armed with a deadly weapon; or
(3) (C) the commission of the offense is facilitated by
furnishing the victim, without the victim's knowledge, with a
drug (as defined in IC 16-42-19-2(1)) or a controlled substance
(as defined in IC 35-48-1-9) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge.
(c) It is a defense that the accused person reasonably believed that
the child was sixteen (16) years of age or older at the time of the
conduct, unless:
(1) the offense is committed by using or threatening the use of
deadly force or while armed with a deadly weapon;
(2) the offense results in serious bodily injury; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
