Sexual misconduct with a minor - Indiana Sexual Assault Laws

Sexual misconduct with a minor Crime & Punishment in Indiana :

The Indiana code § 35-42-4-9 defines four degrees of the crime sexual misconduct with a minor, 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	Sexual misconduct with a minor - Charge Description	Punishment
Class A felony STATUTORY	If a person at least 18 performs or submits to sexual intercourse or deviate sexual conduct with a child at least 14 but less than 16 and facilitated with knowing that victim was furnished with a controlled substance without victim’s knowledge. If a person at least 18 performs or submits to sexual intercourse or deviate sexual conduct with a child at least 14 but less than 16 and facilitated with knowing that victim was furnished with a drug without victim’s knowledge. If a person at least 18 performs or submits to sexual intercourse or deviate sexual conduct with a child at least 14 but less than 16 and facilitated with If a person at least 18 performs or submits to sexual intercourse or deviate sexual conduct with a child at least 14 but less than 16 and facilitated with a drug or controlled substance. If a person at least 18 performs or submits to sexual intercourse or deviate sexual conduct with a child at least 14 but less than 16 and without victim’s knowledge. If a person at least 18 performs or submits to sexual intercourse or deviate sexual conduct with a child at least 14 but less than 16 and if commission of the offense is facilitated by furnishing the victim. If a person at least 18 performs or submits to sexual intercourse or deviate sexual conduct with a child at least 14 but less than 16 and if offense is committed while armed with a deadly weapon. If a person at least 18 performs or submits to sexual intercourse or deviate sexual conduct with a child at least 14 but less than 16 and if offense is committed by using or threatening the use of deadly force.	A maximum of 30 years in prison; up to a $10,000 fine
Class B felony STATUTORY	If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16 and if commission of the offense is facilitated knowing that victim was furnished with a controlled substance without victim’s knowledge . If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16 and if commission of the offense is facilitated knowing that victim was furnished with a drug without victim’s knowledge . If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16 and if commission of the offense is facilitated with a controlled substance. If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16 and if commission of the offense is facilitated with a drug. If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16 and if commission of the offense is facilitated without victim’s knowledge. If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16 and if commission of the offense is facilitated by furnishing the victim. If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16 and while armed with a deadly weapon. If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16 and if offense is committed by threatening the use of deadly force. If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16 and if offense is committed by using deadly force. If a person at least 18 performs or submits to sexual intercourse or deviate sexual conduct with a child at least 14 but less than 16 and if perpetrator is at least 21.	A maximum of 10 years in prison; up to a $10,000 fine
Class C felony STATUTORY	If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16 and if perpetrator is at least 21. If a person at least 18 performs or submits to sexual intercourse or deviate sexual conduct with a child at least 14 but less than 16	4 year sentence; up to $10,000 fine
Class D felony STATUTORY	If a person at least 18 performs or submits to any fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person, with a child at least 14 but less than 16.	A maximum of 1.5 years in prison; up to a $10,000 fine

Indiana law allows sexual misconduct with a minor to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the Indiana Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Sexual misconduct with a minor is a charge that is unique to Indiana. Crimes that would be prosecuted as sexual misconduct with a minor in Indiana will be prosecuted under a different statute depending on the state in which the crime takes place.

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