Child Molesting
Child Molesting
Indiana Code 35-42-4-3 Child Molesting
- (a) A person who, with a child under fourteen (14) years of age, knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) commits child molesting, a Level 3 felony. However, the offense is a Level 1 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;
- (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; or
- (5) it results in the transmission of a dangerous sexually transmitted disease and the person knew that the person was infected with the disease.
- (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 Level 4 felony. However, the offense is a Level 2 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) A person may be convicted of attempted child molesting of an individual at least fourteen (14) years of age if the person believed the individual to be a child under fourteen (14) years of age at the time the person attempted to commit the offense.
- (d) It is a defense to a prosecution under this section 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.
Domestic Battery
Domestic Battery
Indiana Code 35-42-2-1.3 Domestic Battery
- (a) Except as provided in subsections (b) through (f), a person who knowingly or intentionally:
- (1) touches a family or household member in a rude, insolent, or angry manner; or
- (2) in a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member;
- commits domestic battery, a Class A misdemeanor.
- (b) The offense under subsection (a)(1) or (a)(2) is a Level 6 felony if one (1) or more of the following apply:
- (1) The person who committed the offense has a previous, unrelated conviction:
- (A) for a battery offense included in this chapter; or
- (B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a battery offense included in this chapter.
- (2) The person who committed the offense is at least eighteen (18) years of age and committed the offense against a family or household memberin the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.
- (3) The offense results in moderate bodily injury to a family or household member.
- (4) The offense is committed against a family or household member who is less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.
- (5) The offense is committed against a family or household member of any age who has a mental or physical disability and is committed by a person having the care of the family or household member with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation.
- (6) The offense is committed against a family or household member who is an endangered adult (as defined in IC 12-10-3-2 ).
- (1) The person who committed the offense has a previous, unrelated conviction:
- (c) The offense described in subsection (a)(1) or (a)(2) is a Level 5 felony if one (1) or more of the following apply:
- (1) The offense results in serious bodily injury to a family or household member.
- (2) The offense is committed with a deadly weapon against a family or household member.
- (3) The offense results in bodily injury to a pregnant family or household member if the person knew of the pregnancy.
- (4) The person has a previous conviction for a battery offense:
- (A) included in this chapter against the same family or household member; or
- (B) against the same family or household member in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a battery offense included in this chapter.
- (5) The offense results in bodily injury to one (1) or more of the following:
- (A) A family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
- (B) A family or household member who has a mental or physical disability if the offense is committed by an individual having care of the family or household member with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.
- (C) A family or household member who is an endangered adult (as defined in IC 12-10-3-2 ).
- (d) The offense described in subsection (a)(1) or (a)(2) is a Level 4 felony if it results in serious bodily injury to a family or household member who is an endangered adult (as defined in IC 12-10-3-2 ).
- (e) The offense described in subsection (a)(1) or (a)(2) is a Level 3 felony if it results in serious bodily injury to a family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
- (f) The offense described in subsection (a)(1) or (a)(2) is a Level 2 felony if it results in the death of one (1) or more of the following:
- (1) A family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
- (2) A family or household member who is an endangered adult (as defined in IC 12-10-3-2 ).
If you know of someone that is a victim of Domestic Battery please call 911 to report the crime.
Rape
Rape
Indiana Code 35-42-4-1 Rape
- (a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct (as defined in IC 35-31.5-2-221.5 ) when:
- (1) the other person is compelled by force or imminent threat of force;
- (2) the other person is unaware that the sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) is occurring; or
- (3) the other person is so mentally disabled or deficient that consent to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) cannot be given;
- commits rape, a Level 3 felony.
- (b) An offense described in subsection (a) is a Level 1 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 a person other than a defendant; 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.
Sexual Battery
Sexual Battery
Indiana Code 35-42-4-8 Sexual Battery
- (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;
- (1) touches another person when that person is:
- commits sexual battery, a Level 6 felony.
- (b) An offense described in subsection (a) is a Level 4 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.
Sexual Misconduct with a Minor
Sexual Misconduct with a Minor
Indiana Code 35-42-4-9 Sexual Misconduct with a Minor
- (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 other sexual conduct (as defined in IC 35-31.5-2-221.5 ) commits sexual misconduct with a minor, a Level 5 felony. However, the offense is:
- (1) a Level 4 felony if it is committed by a person at least twenty-one (21) years of age; and
- (2) a Level 1 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 Level 6 felony. However, the offense is:
- (1) a Level 5 felony if it is committed by a person at least twenty-one (21) years of age; and
- (2) a Level 2 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.
If you know of someone that has committed the crime of Sexual Misconduct with Minor please call 911 to report the crime.
Stalking
Stalking
Indiana Code 35-45-10-5 Stalking
- (a) A person who stalks another person commits stalking, a Level 6 felony.
- (b) The offense is a Level 5 felony if at least one (1) of the following applies:
- (1) A person:
- (A) stalks a victim; and
- (B) makes an explicit or an implicit threat with the intent to place the victim in reasonable fear of:
- (i) sexual battery (as defined in IC 35-42-4-8 );
- (ii) serious bodily injury; or
- (iii) death.
- (2) A protective order to prevent domestic or family violence, a no contact order, or other judicial order under any of the following statutes has been issued by the court to protect the same victim or victims from the person and the person has been given actual notice of the order:
- (A) IC 31-15 and IC 34-26-5 or IC 31-1-11.5 before its repeal (dissolution of marriage and legal separation).
- (B) IC 31-34, IC 31-37, or IC 31-6-4 before its repeal (delinquent children and children in need of services).
- (C) IC 31-32 or IC 31-6-7 before its repeal (procedure in juvenile court).
- (D) IC 34-26-5 or IC 34-26-2 and IC 34-4-5.1 before their repeal (protective order to prevent abuse).
- (E) IC 34-26-6 (workplace violence restraining orders).
- (3) The person's stalking of another person violates an order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion if the person has been given actual notice of the order.
- (4) The person's stalking of another person violates a no contact order issued as a condition of probation if the person has been given actual notice of the order.
- (5) The person's stalking of another person violates a protective order issued under IC 31-14-16-1 and IC 34-26-5 in a paternity action if the person has been given actual notice of the order.
- (6) The person's stalking of another person violates an order issued in another state that is substantially similar to an order described in subdivisions (2) through (5) if the person has been given actual notice of the order.
- (7) The person's stalking of another person violates an order that is substantially similar to an order described in subdivisions (2) through (5) and is issued by an Indian:
- (A) tribe;
- (B) band;
- (C) pueblo;
- (D) nation; or
- (E) 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 if the person has been given actual notice of the order.
- (8) A criminal complaint of stalking that concerns an act by the person against the same victim or victims is pending in a court and the person has been given actual notice of the complaint.
- (1) A person:
- (c) The offense is a Level 4 felony if:
- (1) the act or acts were committed while the person was armed with a deadly weapon; or
- (2) the person has an unrelated conviction for an offense under this section against the same victim or victims.