HB 1097 Summary

• Creates a new Class D felony offense called "Halloween enticement" for offenders against children who knowingly or intentionally participate in Halloween.

• Defines "participates in Halloween" as handing out candy or items to trick-or-treaters, or appearing to intend to do so, including leaving on a porch light or displaying a pumpkin or jack-o'-lantern during Halloween.

• Defines Halloween as occurring between 4 p.m. and 10 p.m. on October 31, or on the designated date and time for trick-or-treating established by a local community.

• Applies to individuals defined as "offenders against children" under Indiana Code 35-42-4-11.

• Becomes effective July 1, 2010.