Indiana Age of Consent Laws 2024
What is the Indiana Age of Consent?
The Indiana Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Indiana are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.
Indiana statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16. A close in age exemption allows teens aged 14 and 15 to consent to partners under age 18. If the offender is a guardian, adoptive parent or grandparent, stepparent, child care worker for the minor, or military recruiter attempting to enlist the minor, the age of consent rises to age 18. Defenses exist of the offender had reasonably believed the victim to be over age 16, or if offender and victim were less than 4 years apart and were in an ongoing relationship.
Indiana has a close-in-age exemption. A close in age exemption, also known as "Romeo and Juliet law", is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent.
Depending on the situation, the Indiana close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution.
Age of Consent across the United States
The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state's age of consent laws.
Age Of Consent:
16 years old17 years old
18 years old
The age of consent in Indiana is based on the following statutes from the Indiana criminal code:
Indiana Age Of Consent Law: 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.
Punishments for Violating the Age Of Consent in Indiana
Indiana has nine statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Indiana Age of Consent, as statutory rape or the Indiana equivalent of that charge.
The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click any charge for more detailed information.
Criminal Charge | Severity | Punishment |
---|---|---|
Child Exploitation | Class C felony; Class D felony | A maximum of 4 years in prison; up to a $10,000 fine; A maximum of 1.5 years in prison; up to a $10,000 fine |
Child molesting | Class A felony; Class B felony; Class C felony | A maximum of 30 years in prison; up to a $10,000 fine; A maximum of 10 years in prison; up to a $10,000 fine; A maximum of 4 years in prison; up to a $10,000 fine |
Child seduction | Class D felony | A maximum of 1.5 years in prison; up to a $10,000 fine |
Child solicitation | Class B felony; Class C felony; Class D felony | A maximum of 10 years in prison; up to a $10,000 fine; A maximum of 4 years in prison; up to a $10,000 fine; A maximum of 1.5 years in prison; up to a $10,000 fine |
Failure of carriers of dangerous communicable diseases to warn persons at risk | Class D felony | A maximum of 1.5 years in prison; up to a $10,000 fine |
Incest | Class C felony | A maximum of 4 years in prison; up to $10,000 fine |
Promotion of human trafficking; sexual trafficking of a minor; human trafficking | Class A felony; Class B felony | A maximum of 30 years in prison; up to a $10,000 fine; A maximum of 10 years in prison; up to a $10,000 fine |
Sexual misconduct with a minor | Class A felony; Class B felony; Class C felony; Class D felony | A maximum of 30 years in prison; up to a $10,000 fine; A maximum of 10 years in prison; up to a $10,000 fine; 4 year sentence; up to $10,000 fine; A maximum of 1.5 years in prison; up to a $10,000 fine |
Vicarious Sexual Gratification; fondling in the presence of a minor | Class C felony | 4 year sentence |
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