Indiana criminal charge
Child solicitation in Indiana
Child solicitation is a criminal offense under Indiana law, defined by Ind. Code § 35-42-4-6. 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 § 35-42-4-6.
What is the penalty for child solicitation in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Solicitation of child under 14 — base offense — A person 18 or older knowingly or intentionally solicits a child under 14 (or a believed child under 14) to engage in sexual intercourse, other sexual conduct, or fondling/touching intended to arouse or satisfy sexual desires.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Solicitation of child under 14 — base offense — A person 18 or older knowingly or intentionally solicits a child under 14 (or a believed child under 14) to engage in sexual intercourse, other sexual conduct, or fondling/touching intended to arouse or satisfy sexual desires.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Solicitation of child under 14 — computer travel or prior conviction — The offense involves soliciting a child under 14 to engage in sexual intercourse or other sexual conduct and the person either used a computer network and traveled to meet the child, or has a previous unrelated conviction under this section.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Solicitation of child under 14 — computer travel or prior conviction — The offense involves soliciting a child under 14 to engage in sexual intercourse or other sexual conduct and the person either used a computer network and traveled to meet the child, or has a previous unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 1 years to 6 years (Solicitation of child 14-15 — base offense — A person at least 21 knowingly or intentionally solicits a child at least 14 but less than 16 (or a believed such child) to engage in sexual intercourse, other sexual conduct, or fondling/touching intended to arouse or satisfy sexual desires.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Solicitation of child 14-15 — base offense — A person at least 21 knowingly or intentionally solicits a child at least 14 but less than 16 (or a believed such child) to engage in sexual intercourse, other sexual conduct, or fondling/touching intended to arouse or satisfy sexual desires.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Solicitation of child 14-15 — computer travel or prior conviction — The offense involves soliciting a child at least 14 but less than 16 to engage in sexual intercourse or other sexual conduct and the person either used a computer network and traveled to meet the child, or has a previous unrelated conviction under this section.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Solicitation of child 14-15 — computer travel or prior conviction — The offense involves soliciting a child at least 14 but less than 16 to engage in sexual intercourse or other sexual conduct and the person either used a computer network and traveled to meet the child, or has a previous unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is child solicitation classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Solicitation of child under 14 — base offense | Level 5 Felony | A person 18 or older knowingly or intentionally solicits a child under 14 (or a believed child under 14) to engage in sexual intercourse, other sexual conduct, or fondling/touching intended to arouse or satisfy sexual desires. | Ind. Code § 35-42-4-6(b) |
| Solicitation of child under 14 — computer travel or prior conviction | Level 4 Felony | The offense involves soliciting a child under 14 to engage in sexual intercourse or other sexual conduct and the person either used a computer network and traveled to meet the child, or has a previous unrelated conviction under this section. | Ind. Code § 35-42-4-6(b) |
| Solicitation of child 14-15 — base offense | Level 5 Felony | A person at least 21 knowingly or intentionally solicits a child at least 14 but less than 16 (or a believed such child) to engage in sexual intercourse, other sexual conduct, or fondling/touching intended to arouse or satisfy sexual desires. | Ind. Code § 35-42-4-6(c) |
| Solicitation of child 14-15 — computer travel or prior conviction | Level 4 Felony | The offense involves soliciting a child at least 14 but less than 16 to engage in sexual intercourse or other sexual conduct and the person either used a computer network and traveled to meet the child, or has a previous unrelated conviction under this section. | Ind. Code § 35-42-4-6(c) |
Common questions about child solicitation in Indiana
Is child solicitation a felony or a misdemeanor in Indiana?
It depends on the circumstances: child solicitation ranges from a Level 5 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-42-4-6.
Solicitation of child under 14 — base offense: Level 5 Felony (Ind. Code § 35-42-4-6(b)) · Solicitation of child under 14 — computer travel or prior conviction: Level 4 Felony (Ind. Code § 35-42-4-6(b)) · Solicitation of child 14-15 — base offense: Level 5 Felony (Ind. Code § 35-42-4-6(c)) · Solicitation of child 14-15 — computer travel or prior conviction: Level 4 Felony (Ind. Code § 35-42-4-6(c))
What are the penalties for child solicitation in Indiana?
Penalties for child solicitation in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers child solicitation?
Child solicitation is governed by Ind. Code § 35-42-4-6 (Child solicitation).
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.