The substitute creates the crime of sexual misconduct involving a child. A person also commits the crime if the person engages in a sexual act in the presence of a child less than 14, knowing that the child may see the sexual act. The crime of sexual misconduct involving a child is a class D felony.
Subsequent violations are a class C felony.
The substitute also enhances the penalties for crimes that result in the death of a child. The substitute makes the crimes of endangering the welfare of a child in the first or second degree and of child abuse that results in the death of a child, class A felonies. This substitute requires local law enforcement to provide to any person upon request a complete list of the names, addresses, and criminal convictions of each sexual offender registered within that jurisdiction. Partial Estimated Net Effect on General Revenue Fund is Unknown for FY 1998, FY 1999, and FY 2000. Supporters say that the legislation closes loopholes in cases of indecent exposure involving children that are difficult to prosecute.