Indiana criminal charge
Making an unlawful proposition in Indiana
Making an unlawful proposition is a criminal offense under Indiana law, defined by Ind. Code § 35-45-4-3. 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 § 35-45-4-3.
What is the penalty for making an unlawful proposition in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Making an unlawful proposition (base offense) — Applies when a person pays or offers/agrees to pay money or property for sexual intercourse, other sexual conduct, or fondling of genitals, and the person has fewer than two prior convictions under this section.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Making an unlawful proposition (base offense) — Applies when a person pays or offers/agrees to pay money or property for sexual intercourse, other sexual conduct, or fondling of genitals, and the person has fewer than two prior convictions under this section.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Making an unlawful proposition — repeat offender — Applies when the person has two prior convictions under this section.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Making an unlawful proposition — repeat offender — Applies when the person has two prior convictions under this section.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is making an unlawful proposition classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Making an unlawful proposition (base offense) | Class A Misdemeanor | Applies when a person pays or offers/agrees to pay money or property for sexual intercourse, other sexual conduct, or fondling of genitals, and the person has fewer than two prior convictions under this section. | Ind. Code § 35-45-4-3(a) |
| Making an unlawful proposition — repeat offender | Level 6 Felony | Applies when the person has two prior convictions under this section. | Ind. Code § 35-45-4-3(a) |
Common questions about making an unlawful proposition in Indiana
Is making an unlawful proposition a felony or a misdemeanor in Indiana?
It depends on the circumstances: making an unlawful proposition ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-45-4-3.
Making an unlawful proposition (base offense): Class A Misdemeanor (Ind. Code § 35-45-4-3(a)) · Making an unlawful proposition — repeat offender: Level 6 Felony (Ind. Code § 35-45-4-3(a))
What are the penalties for making an unlawful proposition in Indiana?
Which Indiana statute covers making an unlawful proposition?
Making an unlawful proposition is governed by Ind. Code § 35-45-4-3 (Making an unlawful proposition).
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.