Indianapolis Criminal Defense Attorney Blog | A Look at the New 2016 Criminal Law
Every year in July, our legislature enacts new Indiana criminal laws. In today’s blog we take a look at the new criminal law statutes that were enacted July 1, 2016.
Child Exploitation/Child Pornography/Adult Entertainment
SEA 14 Effective: March 21, 2016 (Section 2); July 1, 2016 (Section 1, 3-20) Code Citations: 4-13-2; 7.1-3-23; 10-13-3; 11-8-8; 20-28-5; 22-5-5; 31-14-14; 33-37-5; 33-39-1; 35-36-10; 35- 38-1; 35-38-2; 35-42-3.5; 35-42-4; 35-50-1; 35-50-2; 35-50-6;
- 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.
Human Trafficking and Common Nuisances
HEA 1028 Effective: July 1, 2016 Code Citations: 7.1-5-10; 16-31-3; 16-42-19; 22-15-5; 25-1-1.1; 35-45-1; 35-48-4; 35-52-7
- Repeals certain provision in current law defining the crimes of visiting and maintaining a common nuisance in connection with the unlawful use of: (1) alcohol; (2) legend drugs; and (3) controlled substances.
- Creates a new statute defining the crimes of visiting and maintaining a common nuisance in connection with: (1) the unlawful use of alcohol; (2) the unlawful use of a legend drug; (3) the unlawful use of controlled substances; and (4) certain human trafficking crimes.
- Makes visiting a common nuisance where certain human trafficking crimes are being committed a Class A misdemeanor, and makes maintaining a common nuisance where certain human trafficking crimes are being committed a Level 6 felony. Repeals obsolete provisions and makes conforming amendments.
HEA 1199 Effective: July 1, 2016 Code Citations: 11-8-8
- Adds the crime of promotion of human trafficking of a minor to the definitions of “sex offender” and “sex or violent offender”.
Prosecutions for Rape and Criminal Deviate Conduct
HB 1105 Effective: July 1, 2016 Code Citations: 34-60-1; 35-37-6; 35-41-4
- Specifies that certain exceptions to the statute of limitations for rape as a Level 3 felony also apply to rape as a Class B felony (for crimes committed before July 1, 2014).
- Provides that a prosecution for criminal deviate conduct as a Class B felony for an offense committed before the crime was repealed on July 1, 2014, that would otherwise be barred may be commenced not later than five years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or (3) a person confesses to the offense.
Criminal Gang Organization
SEA 141 Effective: July 1, 2016 Code Citations: 5-2-10.1; 20-18-2; 20-19-3; 20-26-18; 20-33-9; 31-37-4; 32-21-6; 34-6-2; 34-31-4; 35-31.5-2; 35- 44.1-2; 35-45-9; 35-47-4; 35-50-2
- Changes the term “criminal gang” to “criminal organization”. Provides that a criminal organization is a group organized to commit a felony or the crime of battery.
- Increases the penalty for assisting a criminal to a Level 6 felony if the person who commits the offense or the person assisted is a member of a criminal organization.
- Makes criminal organization activity a Level 6 felony, and increases the penalty to a Level 5 felony if the person commits an offense involving the unlawful use of a firearm.
- Specifies certain additional evidence that the trier-of-fact may consider in determining whether a person has committed specified offenses involving criminal organizations.
Operating While Intoxicated
SEA 142 Effective: July 1, 2016 Code Citations: 9-30-5; 35-38-3; 35-46-9
- Provides that a person who commits the offense of causing the death of another person when operating a vehicle: (1) with an alcohol concentration equivalent to at least 0.08 gram of alcohol per 100 milliliters of the person’s blood or 210 liters of the person’s breath; (2) with a controlled substance listed in schedule I or II or its metabolite in the person’s blood; or (3) while intoxicated; commits a Level 4 felony instead of a Level 5 felony if the person has a previous conviction of operating while intoxicated within 10 years preceding the commission of the offense instead of within five years preceding the commission of the offense.
- Provides that a person who operates a motorboat while intoxicated (motorboat OWI) shall receive an enhanced penalty if the person has a previous conviction under a repealed version of the crime.
Driving Privileges Suspensions
SEA 248 Effective: July 1, 2016 Code Citations: 9-21-5; 9-30-13; 9-30-16
- Provides that when judgment has been imposed for committing two worksite speed limit violations within one year, an additional penalty of the suspension of the person’s driving privileges for 60 days may be imposed by the court imposing the sentence for the second violation.
- Provides that specialized driving privileges may be granted to the person by the court for the purpose of operating a motor vehicle between the place of employment and residence of the person
Commitment to DOC
- SEA 142- Provides that a person convicted of a Level 6 felony may be committed to the department of correction (DOC) if the person has received an enhanced sentence for being a habitual vehicular substance offender
Good Time Credit
SEA 290 Effective: July 1, 2016 Code Citations: 16-41-7.5; 35-48-4; 35-50-6
- Permits a person placed on home detention as a condition of pretrial release to earn one day of good time credit for every four days served on pretrial home detention
Effective: July 1, 2016 Code Citations: 35-44.1-2; 35-48-4.
- SEA 174- Creates the offense of dealing in a controlled substance by a practitioner, and enhances the offense if the offense causes the death of another person.
- SEA 214- addresses opiate dependence and “best practices” guidelines for addiction treatment
- SEA 290- person may be convicted of possession with intent to deliver solely on basis of quantity of drugs
- SEA 290- Specifies that the fact that an individual has attended a syringe exchange program may not form any part of a probable cause or reasonable suspicion determination
- HB 1211- Includes the attempted manufacture of methamphetamine in the statutory definition of “methamphetamine abuse”. Requires law enforcement agencies to report fires related to methamphetamine abuse to the Indiana criminal justice institute.
- HB 1235- Specifies that Level 2 controlled substance offenses are now suspendible if: (1) the offense involves methamphetamine or heroin; and (2) the person has a prior felony conviction for dealing in certain controlled substances.
HB 1211 Effective: July 1, 2016 Code Citations: 5-2-16; 9-24-2; 35-43-1
- Makes it institutional criminal mischief, a Class A misdemeanor, for a person to recklessly, knowingly, or intentionally damage property: (1) that is vacant real property or a vacant structure; or (2) after the person has been denied entry to the property by a court order that was issued to the person or to the general public by conspicuous posting on or around the property in areas where a person could observe the order when the property has been designated by a municipality or county enforcement authority to be a vacant property, an abandoned property, or an abandoned structure.
- Makes the offense: (1) a Level 6 felony if the pecuniary loss is at least $750 but less than $50,000; and (2) a Level 5 felony if the pecuniary loss is at least $50,000.
- Provides that, if the offense involved the use of graffiti, the court may order that the person’s operator’s license be suspended or invalidated by the bureau of motor vehicles for not more than one year.
- Makes it controlled substances criminal mischief, a Level 6 felony, for a person to recklessly, knowingly, or intentionally damage property: (1) during the dealing or manufacture of or attempted dealing or manufacture of cocaine or a narcotic drug or the dealing or attempted dealing of methamphetamine; and (2) by means of a fire or an explosion.
- Makes the offense a Level 5 felony if the offense results in moderate bodily injury to any person other than a defendant.
- Defines “pecuniary loss” for purposes of criminal mischief offenses.
Impersonation of a Public Servant
- SEA 174- Provides that a person who, with intent to: (1) deceive; or (2) induce compliance with the person’s instructions, orders, or requests; falsely represents that the person is a public servant, commits impersonation of a public servant, a Class A misdemeanor.
Real Property Offenses
SEA 183 Effective: July 1, 2016 Code Citations: 35-43-2; 35-43-4.
- Amends the statute concerning criminal trespass to specify that a person commits criminal trespass if the person knowingly or intentionally enters or refuses to leave the real property of another person after having been prohibited from entering or asked to leave the real property by a law enforcement officer when the real property is: (1) vacant real property or a vacant structure (both as defined by the statute concerning the abatement of vacant structures and abandoned structures); or (2) designated by a municipality or county enforcement authority to be abandoned property or an abandoned structure.
- Provides that a person who knowingly or intentionally damages, defaces, or permanently removes an object from real property that is the subject of a mortgage foreclosure proceeding commits foreclosure mischief, a Class B misdemeanor. Increases the penalty to a Class A misdemeanor if the damage caused is between $750 and $50,000, and to a Level 6 felony if the damage caused is $50,000 or more. Establishes a defense if the damage, removal, or defacement was the result of repair, renovation, replacement, or maintenance performed in good faith..
Cell Phone/Electronic Communication
- HB 1013- Requires electronic communication providers to share GPS info to law enforcement immediately in emergency situations; search warrant obtained no later than 72 hours after request for info.
- HB 1013- Electronic communication providers must submit the provider’s emergency contact info to state police department to maintain and act as a resource for local law enforcement.
Motor Vehicle Accidents
HBE 1048 Effective: July 1, 2016 Code Citations: 9-26-1; 35-43-6.5; 35-44.1-4
- Makes it a Class C infraction if a motor vehicle involved in an accident comes to a stop in the traveled portion of a highway, and the operator fails (with certain exceptions) to move the motor vehicle off the traveled portion of the highway in a manner that does not obstruct traffic more than is necessary.
- Provides that, with certain exceptions, a person who knowingly or intentionally possesses a plate or label that contains an identification number not attached to the motor vehicle or motor vehicle part to which the plate or label was originally assigned by a manufacturer or governmental entity commits a Class A misdemeanor, increases the penalty to a Level 6 felony if the person possesses more than one unattached plate or if the value of the motor vehicle or motor vehicle part to which the plate is attached is between $750 and $50,000, and increases the penalty to a Level 5 felony if the value of the motor vehicle or motor vehicle part to which the plate is attached is at least $50,000.
- Provides that a person that damages, removes, or alters an original or a special identification number commits a Level 6 felony. Increases the penalty for selling a motor vehicle with an altered identification number to a Level 6 felony if the value of the vehicle is between $750 and $50,000, and to a Level 5 felony if the value of the vehicle is at least $50,000.
- Makes the penalty for counterfeiting a motor vehicle title a Class A misdemeanor (under current law, the offense is a Class B misdemeanor), and increases the penalty to a Level 6 felony if the value of the vehicle is between $750 and $50,000, and to a Level 5 felony if the value of the vehicle is at least $50,000. Defines the term “emergency incident”. Expands the definition of the term “emergency incident area”.
No Contact/Protective Orders/Battery
- HB 1069- various changes to battery and domestic battery statutes
HB 1102 Effective: July 1, 2016 Code Citations: 11-12-2; 12-23-19.
- Allows the department of correction (department) to make grants to county jails to provide evidence based mental health and addiction forensic treatment services from funds appropriated to the department for the department’s operating expenses for the state fiscal year. Requires the commissioner of correction to coordinate with the division of mental health and addiction when issuing community corrections and court supervised recidivism reduction program grants.
- Requires collaboration among: (1) the probation department; (2) the community corrections program; and (3) any other local criminal justice agency that receives funding from the department; when creating a community corrections plan. Encourages counties to include the courts, prosecuting attorneys, public defenders, and sheriffs when creating a community corrections plan.
- Provides that mental health and forensic addiction treatment services shall be made available to individuals who: (1) have been charged with a felony offense; or (2) have a prior felony conviction; if the individuals are eligible for placement with a pretrial services program, community corrections program, prosecuting attorney’s diversion program, or jail.
HB 1187 Effective: July 1, 2016 Code Citations: 35-43-5
- Makes it committing stolen valor, a Class A misdemeanor, for a person to knowingly or intentionally, with the intent to obtain money, property, or another benefit: (1) fraudulently represent himself or herself to be an active member or veteran of the armed forces of the United States; (2) use falsified military identification; or (3) fraudulently claim to be the recipient of certain military honors.
Miscellaneous 2016 Laws:
- New Rules for Purchasing Cold and Allergy Medicine- SB 80
- Police Body Cameras- HB 1019
- Expanded Abortion Restrictions- HB 1337
- Teacher Background Checks- HB 1005
- Daily Fantasy Sports- SB 339
- New Ways to Buy Alcohol- HB 1386
- Student Athlete Concussions- SB 234
If you have been impacted by any of the new criminal laws or need a criminal law attorney, contact the lawyers at Banks & Brower at 317-870-0019 or email at firstname.lastname@example.org.