IN HB1312

Creates new crime of "aggravated child molesting" defined as child molestation involving sexual intercourse or other sexual conduct when the offender is at least 21 years old and the victim is under 12 years old

Allows the state to seek the death penalty or life imprisonment without parole for persons convicted of aggravated child molesting

Requires jury or court to find that mitigating circumstances are outweighed by the nature of the offense and character of the defendant before imposing death or life without parole

Provides automatic review by the Indiana Supreme Court for death sentences, with execution to be carried out within one year and one day of conviction

Exempts defendants with intellectual disabilities from death penalty eligibility following a pretrial hearing determination