Several new criminal justice laws in effect as of July 1

Tuesday, July 2, 2019

The vast majority of bills signed by Gov. Eric Holcomb officially became law on July 1. Many will directly impact criminal justice, the prosecutor’s office and our local community. Prosecutor Tim Bookwalter would like to highlight some of these important measures as they will be enacted.

SEA 551 allows parents to seek a protective order against a person they believe is grooming their child for sexual activity. It also creates a provision so crime victims’ initials are not listed in court documents. Instead, victims will be identified by number only. The bill also creates enhancements for domestic battery charges that involve strangulation. Strangulation is one of the fastest rising charges that prosecutors are seeing statewide, and is often a precursor to more violent acts in the future.

HEA 1186 allows prosecutors to charge the abuse and trafficking of a synthetic drug as the one it is designed to mimic. For instance, synthetic drugs designed to act like heroin will be charged at the same level as possessing and dealing heroin itself.

SEA 186 makes all cases of operating while intoxicated causing death Level 4 felonies. In addition, it makes OWI causing serious bodily injury a Level 5 felony, and creates a sentencing enhancement for “catastrophic injury.”

SEA 240 is a new bill that deals with intimidation, particularly threats to schools and school buildings. It expands the intimidation statute to include threats made to any person that puts said person in fear that the threat will be carried out. The hope is that this bill will make it easier for prosecutors to charge those who make bomb or shooting threats to schools.

SEA 198 was the much-discussed bias crimes bill. The new law makes it an aggravating circumstance if a crime was committed due to the perceived or actual characteristics, traits, beliefs, practices or associations of the victim, including, but not limited to, color, creed, disability, national origin, race, religion or sexual orientation. A judge would decide at sentencing if it is appropriate to apply this aggravator.

HEA 1615 broadens language in the animal abuse statutes to make it easier to charge offenses related to animals.

SEA 243 creates a new crime for distributing an intimate image of another person without that person’s consent. If proven, the nonconsensual distribution would result in a Class A misdemeanor charge.

These are just a few of hundreds of new laws which recently came into effect. Putnam County residents are encouraged to visit www.iga.in.gov/legislative/2019/bills for a complete list.

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    Most of these are rather innocuous. Some are actually good.

    But SEA243 is bad law.

    If A takes nude photos and gives them to B... they are now the property of B, to do with as they wish.

    If A wants to show nudity to B... do it behind closed doors in person, or retain possession of the photos and just show them.

    Imagine this: A writes very personal diary entries. A then shares the diary entries with B. (The reason why is irrelevant.) B then writes a "tell all" book about what was in the diary. Now A wants to punish B for their mutual indiscretions.

    That is what this law does.... it punishes people for doing what they wish with their property. Any image, intimate or otherwise, is property. When you give over property, you give over rights concerning that property.

    If you don't want to be naked on the internet - be selective about how you share your nakedness and with whom you share it.

    -- Posted by dreadpirateroberts on Wed, Jul 3, 2019, at 11:20 AM
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