CRIMINAL LAWAND PROCEDURE
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means a person who:
(1) provides care, supervision, or instruc-
tion to a child within the scope of the per-
son’s employment in a shelter care facility;
(2) is employed by a:
(A) school corporation;
(B) charter school;
(C) nonpublic school; or
(D) special education cooperative;
attended by a child who is the victim of a
crime under this chapter; or
(3) is:
(A) affiliated with a:
(i) school corporation;
(ii) charter school;
(iii) nonpublic school; or
(iv) special education cooperative;
attended by a child who is the victim
of a crime under this chapter, regard-
less of how or whether the person is
compensated;
(B) in a position of trust in relation to
a child who attends the school or coop-
erative;
(C) engaged in the provision of care or
supervision to a child who attends the
school or cooperative; and
(D) at least four (4) years older than the
child who is the victim of a crime under
this chapter.
The term does not include a student who
attends the school or cooperative.
(e) As used in this section, “custodian” means
any person who resides with a child and is respon-
sible for the child’s welfare.
(f) As used in this section, “mental health
professional” means:
(1) a mental health counselor licensed
under IC 25-23.6-8.5;
(2) a psychologist; or
(3) a psychiatrist.
(g) As used in this section, “military recruiter”
means a member of the armed forces of the United
States (as defined in IC 20-33-10-2) or the Indiana
National Guard whose primary job function, clas-
sification, or specialty is recruiting individuals
to enlist with the armed forces of the United States
or the Indiana National Guard.
(h) As used in this section, “nonpublic school”
has the meaning set forth in IC 20-18-2-12.
(i) For purposes of this section, a person has
a “professional relationship” with a child if:
(1) the person:
(A) has a license issued by the state or
a political subdivision on the basis of
the person’s training and experience
that authorizes the person to carry out
a particular occupation; or
(B) is employed in a position in which
counseling, supervising, instructing,
or recruiting children forms a signifi-
cant part of the employment; and
(2) the person has a relationship with a
child that is based on the person’s employ-
ment or licensed status as described in
subdivision (1).
The term includes a relationship between a child
and a mental health professional or military
recruiter. The term does not include a coworker
relationship between a child and a person
described in subdivision (1)(B).
(j) As used in this section, “school corpora-
tion” has the meaning set forth in IC 20-18-2-16.
(k) As used in this section, “special educa-
tion cooperative” has the meaning set forth in IC
20-35-5-1.
(l) As used in this section, “stepparent” means
an individual who is married to a child’s custodial
or noncustodial parent and is not the child’s adop-
tive parent.
(m) If a person who:
(1) is at least eighteen (18) years of age;
and
(2) is the:
(A) guardian, adoptive parent, adoptive
grandparent, custodian, or stepparent
of: or
(B) child care worker for
a child at least sixteen (16) years of age but
less than eighteen (18) years of age;
engages with the child in sexual intercourse, other
sexual conduct (as defined in IC 35-31.5-2-221.5),
or any fondling or touching with the intent to
arouse or satisfy the sexual desires of either the
child or the adult, the person commits child seduc-
tion.
(n) A person who:
(1) has or had a professional relationship
