Indiana criminal charge
Sexual battery in Indiana
Sexual battery is a criminal offense under Indiana law, defined by Ind. Code § 35-42-4-8. 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 § 35-42-4-8.
What is the penalty for sexual battery in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Sexual battery — base offense — A person, with intent to arouse or satisfy sexual desires, touches another person compelled by force or imminent threat of force, or so mentally disabled or deficient that consent cannot be given, or touches another's genitals, pubic area, buttocks, or female breast when that person is unaware the touching is occurring.; 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 (Sexual battery — base offense — A person, with intent to arouse or satisfy sexual desires, touches another person compelled by force or imminent threat of force, or so mentally disabled or deficient that consent cannot be given, or touches another's genitals, pubic area, buttocks, or female breast when that person is unaware the touching is occurring.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 2 years to 12 years (Sexual battery — deadly force, armed, or drug-facilitated — The offense described in subsection (a) is committed by using or threatening deadly force, while armed with a deadly weapon, or is facilitated by furnishing the victim with a drug or controlled substance without the victim's knowledge or knowing such was done.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Sexual battery — deadly force, armed, or drug-facilitated — The offense described in subsection (a) is committed by using or threatening deadly force, while armed with a deadly weapon, or is facilitated by furnishing the victim with a drug or controlled substance without the victim's knowledge or knowing such was done.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is sexual battery classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual battery — base offense | Level 6 Felony | A person, with intent to arouse or satisfy sexual desires, touches another person compelled by force or imminent threat of force, or so mentally disabled or deficient that consent cannot be given, or touches another's genitals, pubic area, buttocks, or female breast when that person is unaware the touching is occurring. | Ind. Code § 35-42-4-8(a) |
| Sexual battery — deadly force, armed, or drug-facilitated | Level 4 Felony | The offense described in subsection (a) is committed by using or threatening deadly force, while armed with a deadly weapon, or is facilitated by furnishing the victim with a drug or controlled substance without the victim's knowledge or knowing such was done. | Ind. Code § 35-42-4-8(b) |
Common questions about sexual battery in Indiana
Is sexual battery a felony or a misdemeanor in Indiana?
It depends on the circumstances: sexual battery ranges from a Level 6 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-42-4-8.
Sexual battery — base offense: Level 6 Felony (Ind. Code § 35-42-4-8(a)) · Sexual battery — deadly force, armed, or drug-facilitated: Level 4 Felony (Ind. Code § 35-42-4-8(b))
What are the penalties for sexual battery in Indiana?
Penalties for sexual battery in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers sexual battery?
Sexual battery is governed by Ind. Code § 35-42-4-8 (Sexual battery).
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.