Indiana criminal charge
Child molesting in Indiana
Child molesting is a criminal offense under Indiana law, defined by Ind. Code § 35-42-4-3. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-4-3.
What is the penalty for child molesting in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 16 years (Child molesting — sexual intercourse or other sexual conduct (base) — A person with a child under fourteen knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Child molesting — sexual intercourse or other sexual conduct (base) — A person with a child under fourteen knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 20 years to 40 years (Child molesting — sexual intercourse or other sexual conduct, aggravated circumstances — The sexual intercourse or other sexual conduct offense is committed by a person at least 21, involves deadly force or a deadly weapon, results in serious bodily injury, is facilitated by an undisclosed drug or controlled substance, or results in transmission of a serious sexually transmitted disease known to the offender.; fixed term; advisory sentence 30 years; certain Level 1 felony child molesting offenses carry 20–50 years (IC 35-50-2-4(c))) | presumptive | Ind. Code § 35-50-2-4 |
| Fine | up to $10,000 (Child molesting — sexual intercourse or other sexual conduct, aggravated circumstances — The sexual intercourse or other sexual conduct offense is committed by a person at least 21, involves deadly force or a deadly weapon, results in serious bodily injury, is facilitated by an undisclosed drug or controlled substance, or results in transmission of a serious sexually transmitted disease known to the offender.) | discretionary | Ind. Code § 35-50-2-4 |
| Jail / prison | 2 years to 12 years (Child molesting — fondling or touching (base) — A person with a child under fourteen performs or submits to fondling or touching with intent to arouse or satisfy sexual desires.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Child molesting — fondling or touching (base) — A person with a child under fourteen performs or submits to fondling or touching with intent to arouse or satisfy sexual desires.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 10 years to 30 years (Child molesting — fondling or touching, aggravated circumstances — The fondling or touching offense is committed using or threatening deadly force, while armed with a deadly weapon, or is facilitated by an undisclosed drug or controlled substance.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Child molesting — fondling or touching, aggravated circumstances — The fondling or touching offense is committed using or threatening deadly force, while armed with a deadly weapon, or is facilitated by an undisclosed drug or controlled substance.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is child molesting classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Child molesting — sexual intercourse or other sexual conduct (base) | Level 3 Felony | A person with a child under fourteen knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct. | Ind. Code § 35-42-4-3(a) |
| Child molesting — sexual intercourse or other sexual conduct, aggravated circumstances | Level 1 Felony | The sexual intercourse or other sexual conduct offense is committed by a person at least 21, involves deadly force or a deadly weapon, results in serious bodily injury, is facilitated by an undisclosed drug or controlled substance, or results in transmission of a serious sexually transmitted disease known to the offender. | Ind. Code § 35-42-4-3(a) |
| Child molesting — fondling or touching (base) | Level 4 Felony | A person with a child under fourteen performs or submits to fondling or touching with intent to arouse or satisfy sexual desires. | Ind. Code § 35-42-4-3(b) |
| Child molesting — fondling or touching, aggravated circumstances | Level 2 Felony | The fondling or touching offense is committed using or threatening deadly force, while armed with a deadly weapon, or is facilitated by an undisclosed drug or controlled substance. | Ind. Code § 35-42-4-3(b) |
Common questions about child molesting in Indiana
Is child molesting a felony or a misdemeanor in Indiana?
It depends on the circumstances: child molesting ranges from a Level 4 Felony to a Level 1 Felony in Indiana under Ind. Code § 35-42-4-3.
Child molesting — sexual intercourse or other sexual conduct (base): Level 3 Felony (Ind. Code § 35-42-4-3(a)) · Child molesting — sexual intercourse or other sexual conduct, aggravated circumstances: Level 1 Felony (Ind. Code § 35-42-4-3(a)) · Child molesting — fondling or touching (base): Level 4 Felony (Ind. Code § 35-42-4-3(b)) · Child molesting — fondling or touching, aggravated circumstances: Level 2 Felony (Ind. Code § 35-42-4-3(b))
What are the penalties for child molesting in Indiana?
Penalties for child molesting in Indiana depend on how it is classified — from a Level 4 Felony up to a Level 1 Felony — with the ranges set by Ind. Code § 35-50-2-5, Ind. Code § 35-50-2-4, Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers child molesting?
Child molesting is governed by Ind. Code § 35-42-4-3 (Child molesting).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.