Indiana criminal charge
Sexual misconduct with a minor in Indiana
Sexual misconduct with a minor is a criminal offense under Indiana law, defined by Ind. Code § 35-42-4-9. 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 § 35-42-4-9.
What is the penalty for sexual misconduct with a minor in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Sexual intercourse/other sexual conduct with minor (base) — Person at least 18 performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Sexual intercourse/other sexual conduct with minor (base) — Person at least 18 performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Sexual intercourse/other sexual conduct with minor — offender 21 or older — The offense under subsection (a) is committed by a person at least 21 years of age.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Sexual intercourse/other sexual conduct with minor — offender 21 or older — The offense under subsection (a) is committed by a person at least 21 years of age.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 20 years to 40 years (Sexual intercourse/other sexual conduct with minor — aggravated circumstances — The offense under subsection (a) is committed using or threatening deadly force, while armed with a deadly weapon, results in serious bodily injury, or is facilitated by furnishing the victim with a drug or controlled substance without their knowledge.; 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 (Sexual intercourse/other sexual conduct with minor — aggravated circumstances — The offense under subsection (a) is committed using or threatening deadly force, while armed with a deadly weapon, results in serious bodily injury, or is facilitated by furnishing the victim with a drug or controlled substance without their knowledge.) | discretionary | Ind. Code § 35-50-2-4 |
| Jail / prison | 6 months to 30 months (Fondling or touching with minor (base) — Person at least 18 performs or submits to fondling or touching with a child less than 16 with intent to arouse or satisfy sexual desires.; 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 (Fondling or touching with minor (base) — Person at least 18 performs or submits to fondling or touching with a child less than 16 with intent to arouse or satisfy sexual desires.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Fondling or touching with minor — offender 21 or older — The offense under subsection (b) is committed by a person at least 21 years of age.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Fondling or touching with minor — offender 21 or older — The offense under subsection (b) is committed by a person at least 21 years of age.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 10 years to 30 years (Fondling or touching with minor — aggravated circumstances — The offense under subsection (b) is committed using or threatening deadly force, while armed with a deadly weapon, or facilitated by furnishing the victim with a drug or controlled substance without their knowledge.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Fondling or touching with minor — aggravated circumstances — The offense under subsection (b) is committed using or threatening deadly force, while armed with a deadly weapon, or facilitated by furnishing the victim with a drug or controlled substance without their knowledge.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is sexual misconduct with a minor classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual intercourse/other sexual conduct with minor (base) | Level 5 Felony | Person at least 18 performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age. | Ind. Code § 35-42-4-9(a) |
| Sexual intercourse/other sexual conduct with minor — offender 21 or older | Level 4 Felony | The offense under subsection (a) is committed by a person at least 21 years of age. | Ind. Code § 35-42-4-9(a) |
| Sexual intercourse/other sexual conduct with minor — aggravated circumstances | Level 1 Felony | The offense under subsection (a) is committed using or threatening deadly force, while armed with a deadly weapon, results in serious bodily injury, or is facilitated by furnishing the victim with a drug or controlled substance without their knowledge. | Ind. Code § 35-42-4-9(a) |
| Fondling or touching with minor (base) | Level 6 Felony | Person at least 18 performs or submits to fondling or touching with a child less than 16 with intent to arouse or satisfy sexual desires. | Ind. Code § 35-42-4-9(b) |
| Fondling or touching with minor — offender 21 or older | Level 5 Felony | The offense under subsection (b) is committed by a person at least 21 years of age. | Ind. Code § 35-42-4-9(b) |
| Fondling or touching with minor — aggravated circumstances | Level 2 Felony | The offense under subsection (b) is committed using or threatening deadly force, while armed with a deadly weapon, or facilitated by furnishing the victim with a drug or controlled substance without their knowledge. | Ind. Code § 35-42-4-9(b) |
Common questions about sexual misconduct with a minor in Indiana
Is sexual misconduct with a minor a felony or a misdemeanor in Indiana?
It depends on the circumstances: sexual misconduct with a minor ranges from a Level 6 Felony to a Level 1 Felony in Indiana under Ind. Code § 35-42-4-9.
Sexual intercourse/other sexual conduct with minor (base): Level 5 Felony (Ind. Code § 35-42-4-9(a)) · Sexual intercourse/other sexual conduct with minor — offender 21 or older: Level 4 Felony (Ind. Code § 35-42-4-9(a)) · Sexual intercourse/other sexual conduct with minor — aggravated circumstances: Level 1 Felony (Ind. Code § 35-42-4-9(a)) · Fondling or touching with minor (base): Level 6 Felony (Ind. Code § 35-42-4-9(b)) · Fondling or touching with minor — offender 21 or older: Level 5 Felony (Ind. Code § 35-42-4-9(b)) · Fondling or touching with minor — aggravated circumstances: Level 2 Felony (Ind. Code § 35-42-4-9(b))
What are the penalties for sexual misconduct with a minor in Indiana?
Penalties for sexual misconduct with a minor in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 1 Felony — with the ranges set by Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-4, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers sexual misconduct with a minor?
Sexual misconduct with a minor is governed by Ind. Code § 35-42-4-9 (Sexual misconduct with a minor).
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.