S.E.A. 14, P.L. 13
Effective: §§1, 3-20 effective July 1, 2016; §2 effective March 21, 2016
Makes the offense of child exploitation a Level 4 felony instead of a Level 5 felony if the offense involves, depicts, or describes a child less than 18 years of age who: (1) engages in bestiality; (2) is mentally disabled or deficient; (3) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force; (4) physically or verbally resists participating in the sexual conduct, matter, performance, or incident; (5) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident; or (6) is less than 12 years of age. Makes the offense of possession of child pornography a Level 5 felony instead of a Level 6 felony if the offense involves, depicts, or describes sexual conduct by a child who the defendant knows is less than 18 years of age, or who appears to be less than 18 years of age, who: (1) engages in bestiality; (2) is mentally disabled or deficient; (3) participates in the sexual conduct by use of force or the threat of force; (4) physically or verbally resists participating in the sexual conduct; (5) receives a bodily injury while participating in the sexual conduct; or (6) is less than 12 years of age. Adds the crime of child exploitation to the definition of “crime of violence” for purposes of the law concerning a court’s determination whether terms of imprisonment should be served concurrently or consecutively. (A person who commits a “crime of violence” may receive a longer sentence.) Makes conforming amendments. Requires that a performer who provides adult entertainment on a licensed premises to provide proof of age by at least one form of government issued identification instead of two. Specifies that a photograph taken of an adult entertainer who auditions to provide adult entertainment must only show the adult entertainer’s facial features. Amends the definition of “violent criminal” for purposes of the law concerning sentencing to include certain Class A felonies and Class B felonies committed before July 1, 2014.
The full law is available at: http://iga.in.gov/legislative/2016/bills/senate/14