Criminal deviate conduct - Indiana Sexual Assault Laws
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Criminal deviate conduct Crime & Punishment in Indiana :
The Indiana code § 35-42-4-2 defines two degrees of the crime criminal deviate conduct, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.
Severity |
Criminal deviate conduct - Charge Description |
Punishment |
Class A felony
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- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when the commission of the offense is facilitated knowing that victim was furnished with a drug or controlled substance without victim’s knowledge.
- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when the commission of the offense is facilitated without victim’s knowledge, with a drug or controlled substance.
- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when the commission of the offense is facilitated by furnishing the victim.
- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when the offense results in seriously bodily injury to someone other than perpetrator.
- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when the offense is committed by threatening the use of deadly force.
- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when the offense is committed by the use of deadly force.
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A maximum of 30 years in prison; up to a $10,000 fine
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Class B felony
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- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when victim is so mentally deficient that consent to conduct cannot be given.
- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when victim is so mentally disabled that consent to conduct cannot be given.
- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when victim is unaware that conduct is occurring.
- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when victim is compelled by imminent threat of force.
- If perpetrator knowingly or intentionally causes victim to perform or submit to deviate sexual conduct when victim is compelled by force.
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A maximum of 10 years in prison; up to a $10,000 fine
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Criminal deviate conduct is a charge that is unique to Indiana. Crimes that would be prosecuted as criminal deviate conduct in Indiana will be prosecuted under a different statute depending on the state in which the crime takes place.
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