Child molesting - Indiana Sexual Assault Laws

Child molesting Crime & Punishment in Indiana :

The Indiana code § 35-42-4-3 defines three degrees of the crime child molesting, 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	Child molesting - Charge Description	Punishment
Class A felony STATUTORY	If perpetrator 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 and commission of the offense is facilitated knowing that victim was furnished with a drug or controlled substance without victim’s knowledge. If perpetrator 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 and commission of the offense is facilitated with a drug or controlled substance. If perpetrator 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 and commission of the offense is facilitated without victim’s knowledge. If perpetrator 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 and commission of the offense is facilitated by furnishing the victim. If perpetrator 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 and the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon. If perpetrator performs or submits to sexual intercourse or deviate sexual conduct with a child under age 14 and commission of the offense is facilitated knowing that victim was furnished with a drug or controlled substance without victim’s knowledge. If perpetrator performs or submits to sexual intercourse or deviate sexual conduct with a child under age 14 and commission of the offense is facilitated with a drug or controlled substance. If perpetrator performs or submits to sexual intercourse or deviate sexual conduct with a child under age 14 and commission of the offense is facilitated without victim’s knowledge. If perpetrator performs or submits to sexual intercourse or deviate sexual conduct with a child under age 14 and commission of the offense is facilitated by furnishing the victim. If perpetrator performs or submits to sexual intercourse or deviate sexual conduct with a child under age 14 and it results in serious bodily injury. If perpetrator performs or submits to sexual intercourse or deviate sexual conduct with a child under age 14 and the offense is committed while armed with a deadly weapon. If perpetrator performs or submits to sexual intercourse or deviate sexual conduct with a child under age 14 and the offense is committed by using or threatening the use of deadly force. If perpetrator performs or submits to sexual intercourse or deviate sexual conduct with a child under age 14 and offender is at least 21.	A maximum of 30 years in prison; up to a $10,000 fine
Class B felony STATUTORY	If perpetrator performs or submits to sexual intercourse or deviate sexual conduct with a child under age 14.	A maximum of 10 years in prison; up to a $10,000 fine
Class C felony STATUTORY	If perpetrator 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.	A maximum of 4 years in prison; up to a $10,000 fine

Indiana law allows child molesting 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.

Child molesting is a charge that is unique to Indiana. Crimes that would be prosecuted as child molesting in Indiana will be prosecuted under a different statute depending on the state in which the crime takes place.

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