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New Law Decriminalizes Some Teen Sex in Indiana
3 Oct INDIANAPOLIS — The two-year difference in Indiana law between the age of consent for sexual activity (16) and its definition of a minor (under 18) produced a Supreme Court ruling. In Indiana, a person can be convicted of statutory rape (also called child molestation, sexual misconduct, or child seduction) by engaging in sexual activity , even consensual sexual activity, with a child under 16 years of age. Engaging in any sexual activity with a person age 16 or older by force or without the other person's. Non-consensual sexual contact, whether rape or sexually touching an adult or child, is a crime in Indiana. The table below highlights the rape and sexual assault laws in Indiana. If the victim is under 14, the crime of sex or sexual conduct is called child molestation, a Level 3.
The penalty ranges for the above sex crimes by level are: Whenever Daniel Carden posts new content, you'll get an email delivered to your inbox with a link. Sexual misconduct short of intercourse or penetration is a Level 5 felony if the defendant is over the age of 21, and a Level 6 felony if the defendant is under the age of
Non-consensual sexual contact, whether rape or sexually touching an adult or child, is a crime in Indiana. Criminal penalties vary based on the violence, threat of force, weapons used, or other " aggravating " factors involved and the age of the victim and defendant.
Aggravating circumstances increase penalties because of their serious or malicious nature. The age of consent in Indiana is However, Indiana has a " Romeo and Juliet law " that permits 14 and 15 year olds to engage in non-forced sexual activity with peers who are no more than 4 years older than themselves. Indiana Code Title 35, Article 42, Chapter 4: It's illegal to rape or have oral, anal, or vaginal sex or penetrate the genitals or anus of another with an object by force, threat of force, or while the person was incapacitated due to mental disability or unconsciousness.
Rape is a Level 3 felony, unless aggravating factors are present, namely the use of deadly force Legal Dating Age Difference In Indiana weapon, causing serious bodily injury, or using date rape drugs. Aggravated rape is a Level visit web page felony.
However, in Indiana, it is a defense to any sex crime that:. It becomes a Level 1 felony with the same aggravating factors as rape or if the defendant is 21 years or older even if supposedly consensual. Laws can change over time.
Also, sexual battery or touching another person to sexually arouse yourself or the victim by force, threat of force, or when the person is mentally disabled so consent for the touching can't be given. Sexual battery is also touching a person's genitals, buttocks, or female breasts when the person is unaware the touching occurred.
Aggravating factors for sexual battery are the same for rape. Sexual battery is a level 6 felony or a Level 4 felony if aggravated.
For prohibited sexual contact with 14 or 15 year olds, Indiana has a sexual misconduct with a minor law:. If the victim is under 14, the crime of sex or sexual conduct is called child molestationa Level 3 felony. It becomes a Level 1 felony with the same aggravating factors as rape or if the defendant is 21 years or older even if supposedly consensual. If a person fondles or sexually touches a child under 14, it's a Level 4 felony, raised to Level 2 for aggravating circumstances.
A person can be convicted of attempted child molestation, if he or she believed the child to be under 14 at the time, even if the child wasn't.
Some people or websites may still refer to the old A-D system. Innocence, insanity, and other defenses can apply to rape. Consent can be a defense to sex crimes, if the person involved was over the age of consent, was conscious, and wanted the sexual contact, for example. However, consent is only a defense to some, limited statutory rape cases where the child and young click here are around the same age.
Similarly, some individuals with intellectual disabilities can't consent as well.
Age Gaps In Relationships
For child molesting and sexual misconduct with a child, Indiana law permits the defense that the accused reasonably believed the child was at least 16 at the time of the sexual activity as long as not committed through force or by using weapons or date rape drugs. Also, the sexual misconduct law provides for the additional defenses of:. State laws are constantly changing -- conduct your own legal research to verify the state law s you are article source. Sexual assault, including rape and other nonconsensual sexual acts, are very serious crimes that can label those convicted as "sex offenders" for life.
Indiana Rape and Sexual Assault Laws
While some cases are fairly straightforward, others hinge on specific evidence and the reliability of witness testimony. If you have been charged with sexual assault, you will want legal representation in order to protect your criminal rights. Have an attorney give you a free initial case review. Indiana Rape and Sexual Assault Laws. Search for a Local Attorney Contact a qualified attorney.
For prohibited sexual link with 14 or 15 year olds, Indiana has a sexual misconduct with a minor law: When a person years old has sex or sexual conduct with a child 14 or 15 years old, it's a Level 5 Felony.
If aggravating factors are present, it's a Level 1 felony.
If the conduct is only fondling or sexual touching, it's a Level 6 felony. If aggravating factors exists, it's a level 2 felony.
New Law Decriminalizes Some Teen Sex in Indiana | Fox News
When a person 21 or older has sex or sexual conduct with a child 14 or 15 years old, it's a Level 4 Felony. If the conduct is only fondly or sexual touching, it's a Level 5 felony.
The penalty ranges for the above sex crimes by level are: Also, the sexual misconduct law provides for the additional defenses of: