Summary Of Sex Crimes In Indiana

OFFENSE LEVEL FELONY OR MISDEMEANOR STATUTE
(See Highlighted Part Of Statute For The Level Of Felony Or Misdemeanor Designated)
Rape 1 felony 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.
Child Molestation 1 felony (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.
Sex Mis With A Minor 1 felony 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.
Child Molestation 2 felony 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.
Sex Mis With A Minor 2 felony 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.
Vicarious Sexual Gratification 2 felony (b) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to:

  • (1) engage in sexual intercourse with another child under sixteen (16) years of age;
  • (2) engage in sexual conduct with an animal other than a human being; or
  • (3) engage in other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person;
    with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Level 4 felony. However, the offense is a Level 3 felony if any child involved in the offense is less than fourteen (14) years of age, and the offense is a Level 2 felony if the offense is committed by using or threatening the use of deadly force, if the offense is committed while armed with a deadly weapon, if the offense 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.
Rape 3 felony 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.
Child Molestation 3 felony 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.
Vicarious Sexual Gratification, Performing Sexual Conduct In The Presence Of A Minor 3 felony (a) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to touch or fondle himself or herself or another child under the age of sixteen (16) with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Level 5 felony. However, the offense is:

  • (1) a Level 4 felony if a child involved in the offense is under the age of fourteen (14); and
  • (2) a Level 3 felony if:

    • (A) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
    • (B) 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
    • (C) the commission of the offense results in serious bodily injury.
Vicarious Sexual Gratification 3 felony (b) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to:

  • (1) engage in sexual intercourse with another child under sixteen (16) years of age;
  • (2) engage in sexual conduct with an animal other than a human being; or
  • (3) engage in other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person;
    with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Level 4 felony. However, the offense is a Level 3 felony if any child involved in the offense is less than fourteen (14) years of age, and the offense is a Level 2 felony if the offense is committed by using or threatening the use of deadly force, if the offense is committed while armed with a deadly weapon, if the offense 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.
Child Molestation 4 felony (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.
Sex Mis With A Minor 4 felony 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.
Child Exploitation 4 felony The offense of child exploitation described in subsection (b) is a Level 4 felony if:

  • (1) the sexual conduct, matter, performance, or incident depicts or describes a child less than eighteen (18) years of age who:
    • (A) engages in bestiality (as described in IC 35-46-3-14);
    • (B) is mentally disabled or deficient;
    • (C) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force;
    • (D) physically or verbally resists participating in the sexual conduct, matter, performance, or incident;
    • (E) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident; or
    • (F) is less than twelve (12) years of age; or
  • (2) the child less than eighteen (18) years of age:
    • (A) engages in bestiality (as described in IC 35-46-3-14);
    • (B) is mentally disabled or deficient;
    • (C) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force;
    • (D) physically or verbally resists participating in the sexual conduct, matter, performance, or incident;
    • (E) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident; or
    • (F) is less than twelve (12) years of age.
Vicarious Sexual Gratification-Performing Sexual Conduct In The Presence Of A Minor 4 felony (a) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to touch or fondle himself or herself or another child under the age of sixteen (16) with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Level 5 felony. However, the offense is:

  • (1) a Level 4 felony if a child involved in the offense is under the age of fourteen (14); and
  • (2) a Level 3 felony if:
    • (A) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
    • (B) 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
    • (C) the commission of the offense results in serious bodily injury.
Vicarious Sexual Gratification 4 felony (b) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to:

  • (1) engage in sexual intercourse with another child under sixteen (16) years of age;
  • (2) engage in sexual conduct with an animal other than a human being; or
  • (3) engage in other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person;
    with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Level 4 felony.
Child Solicitation 4 felony (b) A person eighteen (18) years of age or older who knowingly or intentionally solicits a child under fourteen (14) years of age, or an individual the person believes to be a child under fourteen (14) years of age, to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person, commits child solicitation, a Level 5 felony. However, the offense is a Level 4 felony if the person solicits the child or individual the person believes to be a child under fourteen (14) years of age to engage in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) and:

  • (1) commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and travels to meet the child or individual the person believes to be a child; or
  • (2) has a previous unrelated conviction for committing an offense under this section.
Child Solicitation 4 felony (c) A person at least twenty-one (21) years of age who knowingly or intentionally solicits a child at least fourteen (14) years of age but less than sixteen (16) years of age, or an individual the person believes to be a child at least fourteen (14) years of age but less than sixteen (16) years of age, to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person, commits child solicitation, a Level 5 felony.
However, the offense is a Level 4 felony if the person solicits the child or individual the person believes to be a child at least fourteen (14) but less than sixteen (16) years of age to engage in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5), and:

  • (1) commits the offense by using a computer network (as defined in IC 35-43-2-3(a)) and travels to meet the child or individual the person believes to be a child; or
  • (2) has a previous unrelated conviction for committing an offense under this section.
Sexual Battery 4 felony (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;
    commits sexual battery, a Level 6 felony.

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.
Child Solicitation 5 felony (c) A person at least twenty-one (21) years of age who knowingly or intentionally solicits a child at least fourteen (14) years of age but less than sixteen (16) years of age, or an individual the person believes to be a child at least fourteen (14) years of age but less than sixteen (16) years of age, to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person, commits child solicitation, a Level 5 felony.
Sex Mis With A Minor 5 felony 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.
Sex MIs with a Minor 5 felony 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
Child Exploitation 5 felony (b) A person who:

  • (1) knowingly or intentionally manages, produces, sponsors, presents, exhibits, photographs, films, videotapes, or creates a digitized image of any performance or incident that includes sexual conduct by a child under eighteen (18) years of age;
  • (2) knowingly or intentionally disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into Indiana for dissemination or exhibition matter that depicts or describes sexual conduct by a child under eighteen (18) years of age;
  • (3) knowingly or intentionally makes available to another person a computer, knowing that the computer’s fixed drive or peripheral device contains matter that depicts or describes sexual conduct by a child less than eighteen (18) years of age; or
  • (4) with the intent to satisfy or arouse the sexual desires of any person:
    • (A) knowingly or intentionally:
      (i) manages;
      (ii) produces;
      (iii) sponsors;
      (iv) presents;
      (v) exhibits;
      (vi) photographs;
      (vii) films;
      (viii) videotapes; or
      (ix) creates a digitized image of;
      any performance or incident that includes the uncovered genitals of a child less than eighteen (18) years of age or the exhibition of the female breast with less than a fully opaque covering of any part of the nipple by a child less than eighteen (18) years of age;
    • (B) knowingly or intentionally:
      (i) disseminates to another person;
      (ii) exhibits to another person;
      (iii) offers to disseminate or exhibit to another person; or
      (iv) sends or brings into Indiana for dissemination or exhibition;
      matter that depicts the uncovered genitals of a child less than eighteen (18) years of age or the exhibition of the female breast with less than a fully opaque covering of any part of the nipple by a child less than eighteen (18) years of age; or
    • (C) makes available to another person a computer, knowing that the computer’s fixed drive or peripheral device contains matter that depicts the uncovered genitals of a child less than eighteen (18) years of age or the exhibition of the female breast with less than a fully opaque covering of any part of the nipple by a child less than eighteen (18) years of age;
      commits child exploitation, a Level 5 felony.
Possession of Child Pornography 5 felony The offense of possession of child pornography described in subsection (d) is a Level 5 felony if:

  • (1) the item described in subsection (d)(1) through (d)(9) depicts or describes sexual conduct by a child who the person knows is less than eighteen (18) years of age, or who appears to be less than eighteen (18) years of age, who:
    • (A) engages in bestiality (as described in IC 35-46-3-14);
    • (B) is mentally disabled or deficient;
    • (C) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force;
    • (D) physically or verbally resists participating in the sexual conduct, matter, performance, or incident;
    • (E) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident; or
    • (F) is less than twelve (12) years of age; or
  • (2) the child whose sexual conduct is depicted or described in an item described in subsection (d)(1) through (d)(9):
    • (A) engages in bestiality (as described in IC 35-46-3-14);
    • (B) is mentally disabled or deficient;
    • (C) participates in the sexual conduct, matter, performance, or incident by use of force or the threat of force;
    • (D) physically or verbally resists participating in the sexual conduct, matter, performance, or incident;
    • (E) receives a bodily injury while participating in the sexual conduct, matter, performance, or incident; or
    • (F) is less than twelve (12) years of age.
Vicarious Sexual Gratification 5 felony (a) A person eighteen (18) years of age or older who knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to touch or fondle himself or herself or another child under the age of sixteen (16) with intent to arouse or satisfy the sexual desires of a child or the older person commits vicarious sexual gratification, a Level 5 felony.
Child Solicitation 5 felony (b) A person eighteen (18) years of age or older who knowingly or intentionally solicits a child under fourteen (14) years of age, or an individual the person believes to be a child under fourteen (14) years of age, to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person, commits child solicitation, a Level 5 felony.
Child Solicitation 5 felony (c) A person at least twenty-one (21) years of age who knowingly or intentionally solicits a child at least fourteen (14) years of age but less than sixteen (16) years of age, or an individual the person believes to be a child at least fourteen (14) years of age but less than sixteen (16) years of age, to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person, commits child solicitation, a Level 5 felony.
Child Seduction 5 felony (m) If a person who:

  • (1) is at least eighteen (18) years of age; and
  • (2) is the:
    • (A) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
    • (B) child care worker for;
      a child at least sixteen (16) years of age but less than eighteen (18) years of age;
      engages with the child in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction.

(n) A person who:

  • (1) has or had a professional relationship with a child at least sixteen (16) years of age but less than eighteen (18) years of age whom the person knows to be at least sixteen (16) years of age but less than eighteen (18) years of age;
  • (2) may exert undue influence on the child because of the person’s current or previous professional relationship with the child; and
  • (3) uses or exerts the person’s professional relationship to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the person;
    commits child seduction.

(o) A law enforcement officer who:

  • (1) is at least five (5) years older than a child who is:
    • (A) at least sixteen (16) years of age; and
    • (B) less than eighteen (18) years of age;
  • (2) has contact with the child while acting within the scope of the law enforcement officer’s official duties with respect to the child; and
  • (3) uses or exerts the law enforcement officer’s professional relationship with the child to engage with the child in:
    • (A) sexual intercourse;
    • (B) other sexual conduct (as defined in IC 35-31.5-2-221.5); or
    • (C) any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the law enforcement officer; commits child seduction.

(p) In determining whether a person used or exerted the person’s professional relationship with the child to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the intent to arouse or satisfy the sexual desires of the child or the person under this section, the trier of fact may consider one (1) or more of the following:

  • (1) The age difference between the person and the child.
  • (2) Whether the person was in a position of trust with respect to the child.
  • (3) Whether the person’s conduct with the child violated any ethical obligations of the person’s profession or occupation.
  • (4) The authority that the person had over the child.
  • (5) Whether the person exploited any particular vulnerability of the child.
  • (6) Any other evidence relevant to the person’s ability to exert undue influence over the child.

(q) Child seduction under this section is:

  • (1) a Level 6 felony if the person or law enforcement officer engaged in any fondling or touching with the intent to arouse or satisfy the sexual desires of:
    • (A) the child; or
    • (B) the person or law enforcement officer; and
  • (2) a Level 5 felony if the person or law enforcement officer engaged in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the child.
Unlawful Employment Near Children By A Sexual Predator 5 felony c) A sexually violent predator or an offender against children who knowingly or intentionally works for compensation or as a volunteer:
(1) on school property;
(2) at a youth program center; or
(3) at a public park;
commits unlawful employment near children by a sexual predator, a Level 6 felony. However, the offense is a Level 5 felony if the person has a prior unrelated conviction based on the person’s failure to comply with any requirement imposed on an offender under IC 11-8-8.
Sex Mis With A Minor 6 felony 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.
Possession Of Child Pornography 6 felony (d) A person who knowingly or intentionally possesses:

  • (1) a picture;
  • (2) a drawing;
  • (3) a photograph;
  • (4) a negative image;
  • (5) undeveloped film;
  • (6) a motion picture;
  • (7) a videotape;
  • (8) a digitized image; or
  • (9) any pictorial representation;
    that depicts or describes sexual conduct by a child who the person knows is less than eighteen (18) years of age or who appears to be less than eighteen (18) years of age, and that lacks serious literary, artistic, political, or scientific value commits possession of child pornography, a Level 6 felony.
Performing Sexual Conduct In The Presence Of A Minor felony (c) A person eighteen (18) years of age or older who knowingly or intentionally:

  • (1) engages in sexual intercourse;
  • (2) engages in other sexual conduct (as defined in IC 35-31.5-2-221.5); or
  • (3) touches or fondles the person’s own body;
    in the presence of a child less than fourteen (14) years of age with the intent to arouse or satisfy the sexual desires of the child or the older person commits performing sexual conduct in the presence of a minor, a Level 6 felony.
Child Seduction 6 felony (m) If a person who:

  • (1) is at least eighteen (18) years of age; and
  • (2) is the:
    • (A) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
    • (B) child care worker for;
      a child at least sixteen (16) years of age but less than eighteen (18) years of age;
      engages with the child in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction.

    (n) A person who:

    • (1) has or had a professional relationship with a child at least sixteen (16) years of age but less than eighteen (18) years of age whom the person knows to be at least sixteen (16) years of age but less than eighteen (18) years of age;
    • (2) may exert undue influence on the child because of the person’s current or previous professional relationship with the child; and
    • (3) uses or exerts the person’s professional relationship to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the person;
      commits child seduction.

    (o) A law enforcement officer who:

    • (1) is at least five (5) years older than a child who is:
      • (A) at least sixteen (16) years of age; and
      • (B) less than eighteen (18) years of age;
    • (2) has contact with the child while acting within the scope of the law enforcement officer’s official duties with respect to the child; and
    • (3) uses or exerts the law enforcement officer’s professional relationship with the child to engage with the child in:
      • (A) sexual intercourse;
      • (B) other sexual conduct (as defined in IC 35-31.5-2-221.5); or
      • (C) any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the law enforcement officer;
        commits child seduction.

    (p) In determining whether a person used or exerted the person’s professional relationship with the child to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the intent to arouse or satisfy the sexual desires of the child or the person under this section, the trier of fact may consider one (1) or more of the following:

    • (1) The age difference between the person and the child.
    • (2) Whether the person was in a position of trust with respect to the child.
    • (3) Whether the person’s conduct with the child violated any ethical obligations of the person’s profession or occupation.
    • (4) The authority that the person had over the child.
    • (5) Whether the person exploited any particular vulnerability of the child.
    • (6) Any other evidence relevant to the person’s ability to exert undue influence over the child.

    Child seduction under this section is:

    • (1) a Level 6 felony if the person or law enforcement officer engaged in any fondling or touching with the intent to arouse or satisfy the sexual desires of:
      • (A) the child; or
      • (B) the person or law enforcement officer
Sexual Battery 6 felony (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;
    commits sexual battery, a Level 6 felony.
Inappropriate Communication With A Child 6 felony (c) A person at least eighteen (18) years of age who knowingly or intentionally communicates with an individual whom the person believes to be a child less than fourteen (14) years of age concerning sexual activity with the intent to gratify the sexual desires of the person or the individual commits inappropriate communication with a child, a Class B misdemeanor. However, the offense is:

  • (1) a Class A misdemeanor if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a); and
  • (2) a Level 6 felony if the person has a prior unrelated conviction for a sex offense (as defined in IC 11-8-8-5.2).
Unlawful Entry By A Serious Sex Offender, 6 felony (a) As used in this section, “serious sex offender” means a person required to register as a sex offender under IC 11-8-8 who is:

  • (1) found to be a sexually violent predator under IC 35-38-1-7.5; or
  • (2) convicted of one (1) or more of the following offenses:
    • (A) Child molesting (IC 35-42-4-3).
    • (B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
    • (C) Possession of child pornography (IC 35-42-4-4(d) or IC 35-42-4-4(e)).
    • (D) Vicarious sexual gratification (IC 35-42-4-5(a) and IC 35-42-4-5(b)).
    • (E) Performing sexual conduct in the presence of a minor (IC 35-42-4-5(c)).
    • (F) Child solicitation (IC 35-42-4-6).
    • (G) Child seduction (IC 35-42-4-7).
    • (H) Sexual misconduct with a minor (IC 35-42-4-9).
    • (I) A conspiracy or an attempt to commit an offense described in clauses (A) through (H).
    • (J) An offense in another jurisdiction that is substantially similar to an offense described in clauses (A) through (I).

(b) A serious sex offender who knowingly or intentionally enters school property commits unlawful entry by a serious sex offender, a Level 6 felony.

Unlawful Employment Near Children By A Sexual Predator 6 felony c) A sexually violent predator or an offender against children who knowingly or intentionally works for compensation or as a volunteer:

  • (1) on school property;
  • (2) at a youth program center; or
  • (3) at a public park;
    commits unlawful employment near children by a sexual predator, a Level 6 felony.
Sex Offender Residency Offense 6 felony (c) An offender against children who knowingly or intentionally:

  • (1) resides within one thousand (1,000) feet of:
    • (A) school property, not including property of an institution providing post-secondary education;
    • (B) a youth program center; or
    • (C) a public park; or
  • (2) establishes a residence within one (1) mile of the residence of the victim of the offender’s sex offense;
    commits a sex offender residency offense, a Level 6 felony.
A Sex Offender Internet Offense 6 felony (b) A sex offender who knowingly or intentionally violates a:

  • (1) condition of probation;
  • (2) condition of parole; or
  • (3) rule of a community transition program;
    that prohibits the offender from using a social networking web site or an instant messaging or chat room program to communicate, directly or through an intermediary, with a child less than sixteen (16) years of age commits a sex offender Internet offense, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
A Sex Offender Internet Offense A Mis Misdemeanor (b) A sex offender who knowingly or intentionally violates a:

  • (1) condition of probation;
  • (2) condition of parole; or
  • (3) rule of a community transition program;
    that prohibits the offender from using a social networking web site or an instant messaging or chat room program to communicate, directly or through an intermediary, with a child less than sixteen (16) years of age commits a sex offender Internet offense, a Class A misdemeanor.
Inappropriate Communication With A Child A Mis Misdemeanor (c) A person at least eighteen (18) years of age who knowingly or intentionally communicates with an individual whom the person believes to be a child less than fourteen (14) years of age concerning sexual activity with the intent to gratify the sexual desires of the person or the individual commits inappropriate communication with a child, a Class B misdemeanor. However, the offense is:

  • (1) a Class A misdemeanor if the person commits the offense by using a computer network (as defined in IC 35-43-2-3(a)
Inappropriate Communication With A Child B min Misdemeanor (c) A person at least eighteen (18) years of age who knowingly or intentionally communicates with an individual whom the person believes to be a child less than fourteen (14) years of age concerning sexual activity with the intent to gratify the sexual desires of the person or the individual commits inappropriate communication with a child, a Class B misdemeanor