Indiana statute

Ind. Code § 35-44.1-3-10 — Sexual misconduct with a service provider

Current through 2026 Regular Session

Part of Chapter 3: Detention, Indiana Code.

Criminal charges under this statute

Sexual misconduct with a service provider

Full text of Ind. Code § 35-44.1-3-10

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-44.1-3-10Primary source, current through the 2026 Regular Session

Sec. 10. (a) The following definitions apply throughout this section: (1) "Lawful supervision" means supervision by: (A) the department of correction; (B) a court; (C) a probation department; (D) a community corrections program, a community transition program, or another similar program; or (E) parole. (2) "Service provider" means: (A) with respect to a person subject to lawful detention: (i) a public servant; (ii) a person employed by a governmental entity; or (iii) a person who provides goods or services to a person who is subject to lawful detention; and (B) with respect to a person subject to lawful supervision: (i) a public servant whose official duties include the supervision of the person subject to lawful supervision; (ii) a person employed by a governmental entity to provide supervision for the person subject to lawful supervision; or (iii) a person who is employed by or contracts with a governmental entity to provide treatment or other services to the person subject to lawful supervision as a condition of the person's lawful supervision. (b) A service provider who knowingly or intentionally engages in any fondling or touching with a person who is subject to lawful detention or lawful supervision with the intent to arouse or satisfy the sexual desires of the service provider or the person commits sexual misconduct, a Level 6 felony. However, the offense is a Level 5 felony if the service provider engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) with the person who is subject to lawful detention or lawful supervision. (c) A service provider at least eighteen (18) years of age who knowingly or intentionally engages in any fondling or touching with the intent to arouse or satisfy the sexual desires of the service provider or the other person, with a person who is: (1) less than eighteen (18) years of age; and (2) subject to lawful detention or lawful supervision; commits sexual misconduct, a Level 5 felony. However, the offense is a Level 4 felony if the service provider engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) with the person. (d) In addition to any other penalty imposed for a violation of this section, the court shall order the person to pay restitution under IC 35-50-5-3 for expenses related to pregnancy and childbirth if the pregnancy is a result of the offense. (e) It is not a defense that an act described in subsection (b) or (c) was consensual. (f) This section does not apply to fondling, touching, sexual intercourse, or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) between spouses.

Official sources

Legal terms used in this section

Questions this section answers

Is sexual misconduct with a service provider a felony or a misdemeanor in Indiana?

It depends on the circumstances: sexual misconduct with a service provider ranges from a Level 6 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-44.1-3-10.

Sexual misconduct - fondling or touching: Level 6 Felony (Ind. Code § 35-44.1-3-10(b)) · Sexual misconduct - sexual intercourse or other sexual conduct: Level 5 Felony (Ind. Code § 35-44.1-3-10(b)) · Sexual misconduct with a minor - fondling or touching: Level 5 Felony (Ind. Code § 35-44.1-3-10(c)) · Sexual misconduct with a minor - sexual intercourse or other sexual conduct: Level 4 Felony (Ind. Code § 35-44.1-3-10(c))

Which Indiana statute covers sexual misconduct with a service provider?

Sexual misconduct with a service provider is governed by Ind. Code § 35-44.1-3-10 (Sexual misconduct with a service provider).

This reference is informational and is not legal advice.