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IC 35-42-4-2
Criminal deviate conduct
Sec. 2. (a) A person who knowingly or intentionally causes
another person to perform or submit to deviate sexual conduct when:
(1) the other person is compelled by force or imminent threat of
force;
(2) the other person is unaware that the conduct is occurring; or
(3) the other person is so mentally disabled or deficient that
consent to the conduct cannot be given;
commits criminal deviate conduct, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadly
force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to any person other than a
defendant; or
IC 35-42-4-3
Child molesting
Sec. 3. (a) A person who, with a child under fourteen (14) years
of age, performs or submits to sexual intercourse or deviate sexual
conduct commits child molesting, a Class B felony. However, the
offense is a Class A felony if:
(1) it is committed by a person at least twenty-one (21) years of
age;
(2) it is committed by using or threatening the use of deadly
force or while armed with a deadly weapon;
(3) it results in serious bodily injury; or
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(b) A person who, with a child under fourteen (14) years of age,
performs or submits to any fondling or touching, of either the child
or the older person, with intent to arouse or to satisfy the sexual
desires of either the child or the older person, commits child
molesting, a Class C felony. However, the offense is a Class A
felony if:
(1) it is committed by using or threatening the use of deadly
force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that
the child was sixteen (16) years of age or older at the time of the
conduct, unless:
(1) the offense is committed by using or threatening the use of
deadly force or while armed with a deadly weapon;
(2) the offense results in serious bodily injury; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
pornography, a Class D felony.
(d) Subsections (b) and (c) do not apply to a bona fide school,
museum, or public library that qualifies for certain property tax
exemptions under IC 6-1.1-10, or to an employee of such a school,
museum, or public library acting within the scope of the employee's
employment when the possession of the listed materials is for
legitimate scientific or educational purposes.
(e) It is a defense to a prosecution under this section that:
(1) the person is a school employee; and
(2) the acts constituting the elements of the offense were
performed solely within the scope of the person's employment
as a school employee.
(f) Except as provided in subsection (g), it is a defense to a
prosecution under subsection (b)(1), subsection (b)(2), or subsection
(c) if all of the following apply:
(1) A cellular telephone, another wireless or cellular
communications device, or a social networking web site was
used to possess, produce, or disseminate the image.
(2) The defendant is not more than four (4) years older or
younger than the person who is depicted in the image or who
received the image.
(3) The relationship between the defendant and the person who
received the image or who is depicted in the image was a dating
relationship or an ongoing personal relationship. For purposes
of this subdivision, the term "ongoing personal relationship"
does not include a family relationship.
(4) The crime was committed by a person less than twenty-two
(22) years of age.
(5) The person receiving the image or who is depicted in the
image acquiesced in the defendant's conduct.
(g) The defense to a prosecution described in subsection (f) does
not apply if:
(1) the person who receives the image disseminates it to a
person other than the person:
(A) who sent the image; or
(B) who is depicted in the image;
(2) the image is of a person other than the person who sent the
image or received the image; or
(3) the dissemination of the image violates:
(A) a protective order to prevent domestic or family violence
issued under IC 34-26-5 (or, if the order involved a family or
household member, under IC 34-26-2 or IC 34-4-5.1-5
before their repeal);
(B) an ex parte protective order issued under IC 34-26-5 (or,
if the order involved a family or household member, an
emergency order issued under IC 34-26-2 or IC 34-4-5.1
before their repeal);
(C) a workplace violence restraining order issued under
IC 34-26-6;
(D) a no contact order in a dispositional decree issued under
IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
order issued under IC 31-32-13 (or IC 31-6-7-14 before its
repeal) that orders the person to refrain from direct or
indirect contact with a child in need of services or a
delinquent child;
(E) a no contact order issued as a condition of pretrial
release, including release on bail or personal recognizance,
or pretrial diversion, and including a no contact order issued
under IC 35-33-8-3.6;
(F) a no contact order issued as a condition of probation;
(G) a protective order to prevent domestic or family violence
issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
before their repeal);
(H) a protective order to prevent domestic or family violence
issued under IC 31-14-16-1 in a paternity action;
(I) a no contact order issued under IC 31-34-25 in a child in
need of services proceeding or under IC 31-37-25 in a
juvenile delinquency proceeding;
(J) an order issued in another state that is substantially
similar to an order described in clauses (A) through (I);
(K) an order that is substantially similar to an order
described in clauses (A) through (I) and is issued by an
Indian:
(i) tribe;
(ii) band;
(iii) pueblo;
(iv) nation; or
(v) organized group or community, including an Alaska
Native village or regional or village corporation as defined
in or established under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their special status as Indians;
(L) an order issued under IC 35-33-8-3.2; or
(M) an order issued under IC 35-38-1-30.
As added by Acts 1978, P.L.148, SEC.5. Amended by P.L.325-1983,
SEC.1; P.L.206-1986, SEC.1; P.L.37-1990, SEC.25; P.L.59-1995,
SEC.3; P.L.216-1996, SEC.19; P.L.3-2002, SEC.2; P.L.216-2007,
SEC.43; P.L.180-2011, SEC.3; P.L.6-2012, SEC.226.
IC 35-42-4-5
Vicarious sexual gratification; sexual conduct in presence of a
minor
Sec. 5. (a) A person eighteen (18) years of age or older who
knowingly or intentionally directs, aids, induces, or causes a child
under the age of sixteen (16) to touch or fondle himself or another
child under the age of sixteen (16) with intent to arouse or satisfy the
sexual desires of a child or the older person commits vicarious sexual
gratification, a Class D felony. However, the offense is:
(1) a Class C felony if a child involved in the offense is under
the age of fourteen (14);
(2) a Class B felony if:
(A) the offense is committed by using or threatening the use
of deadly force or while armed with a deadly weapon; or
(B) the commission of the offense is facilitated by furnishing
the victim, without the victim's knowledge, with a drug (as
defined in IC 16-42-19-2(1)) or a controlled substance (as
defined in IC 35-48-1-9) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge; and
(3) a Class A felony if it results in serious bodily injury.
(b) A person eighteen (18) years of age or older who knowingly
or intentionally directs, aids, induces, or causes a child under the age
of sixteen (16) to:
(1) engage in sexual intercourse with another child under
sixteen (16) years of age;
(2) engage in sexual conduct with an animal other than a human
being; or
(3) engage in deviate sexual conduct with another person;
with intent to arouse or satisfy the sexual desires of a child or the
older person commits vicarious sexual gratification, a Class C felony.
However, the offense is a Class B felony if any child involved in the
offense is less than fourteen (14) years of age, and it is a Class A
felony if the offense is committed by using or threatening the use of
deadly force, if it is committed while armed with a deadly weapon,
if it results in serious bodily injury, or if the commission of the
offense is facilitated by furnishing the victim, without the victim's
knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a
controlled substance (as defined in IC 35-48-1-9) or knowing that the
victim was furnished with the drug or controlled substance without
the victim's knowledge.
(c) A person eighteen (18) years of age or older who knowingly
or intentionally:
(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct; or
(3) touches or fondles the person's own body;
in the presence of a child less than fourteen (14) years of age with the
intent to arouse or satisfy the sexual desires of the child or the older
person commits performing sexual conduct in the presence of a
minor, a Class D felony.
As added by P.L.183-1984, SEC.4. Amended by P.L.79-1994,
SEC.13; P.L.31-1998, SEC.6; P.L.118-2002, SEC.1; P.L.123-2003,
SEC.1.
IC 35-42-4-6
Child solicitation
Sec. 6. (a) As used in this section, "solicit" means to command,
authorize, urge, incite, request, or advise an individual:
IC 35-42-4-7
Child seduction
Sec. 7. (a) As used in this section, "adoptive parent" has the
meaning set forth in IC 31-9-2-6.
(b) As used in this section, "adoptive grandparent" means the
parent of an adoptive parent.
(c) As used in this section, "charter school" has the meaning set
forth in IC 20-18-2-2.5.
(d) As used in this section, "child care worker" means a person
who:
(1) provides care, supervision, or instruction to a child within
the scope of the person'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, regardless of how or whether the person is
compensated;
(B) in a position of trust in relation to a child who attends
the school or cooperative;
(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 responsible for the child's welfare.
(f) 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, classification, or specialty is recruiting individuals to enlist
with the armed forces of the United States or the Indiana National
Guard.
(g) As used in this section, "nonpublic school" has the meaning
set forth in IC 20-18-2-12.
(h) As used in this section, "school corporation" has the meaning
set forth in IC 20-18-2-16.
(i) As used in this section, "special education cooperative" has the
meaning set forth in IC 20-35-5-1.
(j) 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 adoptive parent.
IC 35-42-4-8
Sexual battery
Sec. 8. (a) A person who, with intent to arouse or satisfy the
person's own sexual desires or the sexual desires of another person:
(1) touches another person when that person is:
(A) compelled to submit to the touching by force or the
imminent threat of force; or
(B) so mentally disabled or deficient that consent to the
touching cannot be given; or
(2) touches another person's genitals, pubic area, buttocks, or
female breast when that person is unaware that the touching is
occurring;
commits sexual battery, a Class D felony.
(b) An offense described in subsection (a) is a Class C felony if:
(1) it is committed by using or threatening the use of deadly
force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
As added by P.L.322-1987, SEC.2. Amended by P.L.31-1998, SEC.7;
P.L.72-2012, SEC.4.
IC 35-42-4-9
Sexual misconduct with a minor
Sec. 9. (a) A person at least eighteen (18) years of age who, with
a child at least fourteen (14) years of age but less than sixteen (16)
years of age, performs or submits to sexual intercourse or deviate
sexual conduct commits sexual misconduct with a minor, a Class C
felony. However, the offense is:
(1) a Class B felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Class A felony if it is committed by using or threatening
the use of deadly force, if it is committed while armed with a
deadly weapon, if it results in serious bodily injury, or if the
commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(b) A person at least eighteen (18) years of age who, with a child
at least fourteen (14) years of age but less than sixteen (16) years of
age, performs or submits to any fondling or touching, of either the
child or the older person, with intent to arouse or to satisfy the sexual
desires of either the child or the older person, commits sexual
misconduct with a minor, a Class D felony. However, the offense is:
(1) a Class C felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Class B felony if it is committed by using or threatening
the use of deadly force, while armed with a deadly weapon, or
if the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that
the child was at least sixteen (16) years of age at the time of the
conduct. However, this subsection does not apply to an offense
described in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married.
However, this subsection does not apply to an offense described in
subsection (a)(2) or (b)(2).
(e) It is a defense to a prosecution under this section if all the
following apply:
(1) The person is not more than four (4) years older than the
victim.
(2) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The
term "ongoing personal relationship" does not include a family
relationship.
(3) The crime:
(A) was not committed by a person who is at least
twenty-one (21) years of age;
(B) was not committed by using or threatening the use of
deadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not facilitated by furnishing the victim, without the
victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with
the drug or controlled substance without the victim's
knowledge; and
(F) was not committed by a person having a position of
authority or substantial influence over the victim.
(4) The person has not committed another sex offense (as
defined in IC 11-8-8-5.2) (including a delinquent act that would
be a sex offense if committed by an adult) against any other
person.
As added by P.L.79-1994, SEC.15. Amended by P.L.33-1996, SEC.9;
P.L.216-1996, SEC.21; P.L.31-1998, SEC.8; P.L.266-2003, SEC.1;
P.L.216-2007, SEC.45.
IC 35-42-4-10
Unlawful employment near children
Sec. 10. (a) As used in this section, "offender against children"
means a person who is an offender against children under
IC 35-42-4-11.
(b) As used in this section, "sexually violent predator" means a
person who is a sexually violent predator under IC 35-38-1-7.5.
(c) A sexually violent predator or an offender against children
who knowingly or intentionally works for compensation or as a
volunteer:
(1) on school property;
(2) at a youth program center; or
(3) at a public park;
commits unlawful employment near children by a sexual predator, a
Class D felony. However, the offense is a Class C felony if the
person has a prior unrelated conviction based on the person's failure
to comply with any requirement imposed on an offender under
IC 11-8-8.
As added by P.L.6-2006, SEC.3; P.L.140-2006, SEC.31 and
P.L.173-2006, SEC.31. Amended by P.L.1-2007, SEC.231;
P.L.216-2007, SEC.46.
IC 35-42-4-11
parent or guardian.
IC 35-42-4-12
of the following apply:
members or authorized users to communicate over the Internet in real
time using typed text. The term does not include an electronic mail
program or message board program.
IC 35-42-4-13
or intentionally communicates with an individual whom the person
believes to be a child less than fourteen (14) years of age concerning
sexual activity with the intent to gratify the sexual desires of the
person or the individual commits inappropriate communication with
a child, a Class B misdemeanor. However, the offense is a Class A
misdemeanor if the person commits the offense by using a computer
network (as defined in IC 35-43-2-3(a)).
Sex offender residency restrictions
Sec. 11. (a) As used in this section, and except as provided in
subsection (d), "offender against children" means a person required
to register as a sex or violent offender under IC 11-8-8 who has been:
(1) found to be a sexually violent predator under
IC 35-38-1-7.5; or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b)).
(C) Child solicitation (IC 35-42-4-6).
(D) Child seduction (IC 35-42-4-7).
(E) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age and the person is not the child's
(F) Attempt to commit or conspiracy to commit an offense
listed in clauses (A) through (E).
(G) An offense in another jurisdiction that is substantially
similar to an offense described in clauses (A) through (F).
A person is an offender against children by operation of law if the
person meets the conditions described in subdivision (1) or (2) at any
time.
(b) As used in this section, "reside" means to spend more than
three (3) nights in:
(1) a residence; or
(2) if the person does not reside in a residence, a particular
location;
in any thirty (30) day period.
(c) An offender against children who knowingly or intentionally:
(1) resides within one thousand (1,000) feet of:
(A) school property, not including property of an institution
providing post-secondary education;
(B) a youth program center; or
(C) a public park; or
(2) establishes a residence within one (1) mile of the residence
of the victim of the offender's sex offense;
commits a sex offender residency offense, a Class D felony.
(d) This subsection does not apply to an offender against children
who has two (2) or more unrelated convictions for an offense
described in subsection (a). A person who is an offender against
children may petition the court to consider whether the person should
no longer be considered an offender against children. The person
may file a petition under this subsection not earlier than ten (10)
years after the person is released from incarceration, probation, or
parole, whichever occurs last. A person may file a petition under this
subsection not more than one (1) time per year. A court may dismiss
a petition filed under this subsection or conduct a hearing to
determine if the person should no longer be considered an offender
against children. If the court conducts a hearing, the court shall
appoint two (2) psychologists or psychiatrists who have expertise in
criminal behavioral disorders to evaluate the person and testify at the
hearing. After conducting the hearing and considering the testimony
of the two (2) psychologists or psychiatrists, the court shall
determine whether the person should no longer be considered an
offender against children. If a court finds that the person should no
longer be considered an offender against children, the court shall
send notice to the department of correction that the person is no
longer considered an offender against children.
As added by P.L.6-2006, SEC.8. Amended by P.L.140-2006, SEC.32
and P.L.173-2006, SEC.32; P.L.216-2007, SEC.47.
Sex offender internet offense
Sec. 12. (a) This section does not apply to a person to whom all
(1) The person is not more than:
(A) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(B) five (5) years older than the victim if the offense was
committed before July 1, 2007.
(2) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The
term "ongoing personal relationship" does not include a family
relationship.
(3) The crime:
(A) was not committed by a person who is at least
twenty-one (21) years of age;
(B) was not committed by using or threatening the use of
deadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not facilitated by furnishing the victim, without the
victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with
the drug or controlled substance without the victim's
knowledge; and
(F) was not committed by a person having a position of
authority or substantial influence over the victim.
(b) This section applies only to a person required to register as a
sex or violent offender under IC 11-8-8 who has been:
(1) found to be a sexually violent predator under
IC 35-38-1-7.5; or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b)).
(C) Possession of child pornography (IC 35-42-4-4(c)).
(D) Vicarious sexual gratification (IC 35-42-4-5(a) or
IC 35-42-4-5(b)).
(E) Sexual conduct in the presence of a minor (IC
35-42-4-5(c)).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age and the person is not the child's
parent or guardian.
(I) Attempt to commit or conspiracy to commit an offense
listed in clauses (A) through (H).
(J) An offense in another jurisdiction that is substantially
similar to an offense described in clauses (A) through (H).
(c) As used in this section, "instant messaging or chat room
program" means a software program that requires a person to register
or create an account, a username, or a password to become a member
or registered user of the program and allows two (2) or more
(d) As used in this section, "social networking web site" means an
Internet web site that:
(1) facilitates the social introduction between two (2) or more
persons;
(2) requires a person to register or create an account, a
username, or a password to become a member of the web site
and to communicate with other members;
(3) allows a member to create a web page or a personal profile;
and
(4) provides a member with the opportunity to communicate
with another person.
The term does not include an electronic mail program or message
board program.
(e) A person described in subsection (b) who knowingly or
intentionally uses:
(1) a social networking web site; or
(2) an instant messaging or chat room program;
that the offender knows allows a person who is less than eighteen
(18) years of age to access or use the web site or program commits
a sex offender Internet offense, a Class A misdemeanor. However,
the offense is a Class D felony if the person has a prior unrelated
conviction under this section.
(f) It is a defense to a prosecution under this section that the
person:
(1) did not know that the web site or program allowed a person
who is less than eighteen (18) years of age to access or use the
web site or program; and
(2) upon discovering that the web site or program allows a
person who is less than eighteen (18) years of age to access or
use the web site or program, immediately ceased further use or
access of the web site or program.
As added by P.L.119-2008, SEC.18.
Inappropriate communication with a child
Sec. 13. (a) This section does not apply to the following:
(1) A parent, guardian, or custodian of a child.
(2) A person who acts with the permission of a child's parent,
guardian, or custodian.
(3) A person to whom a child makes a report of abuse or
neglect.
(4) A person to whom a child reports medical symptoms that
relate to or may relate to sexual activity.
(b) As used in this section, "sexual activity" means sexual
intercourse, deviate sexual conduct, or the fondling or touching of
the buttocks, genitals, or female breasts.
(c) A person at least twenty-one (21) years of age who knowingly
As added by P.L.119-2008, SEC.19.