The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
URLS
: IN.GOV/LEGISLATIVE/IC_IAC/
STATE.IN.US/LEGISLATIVE/IC/CODE
Sec. 1. (a) Except as provided in subsection (b), a person who
knowingly or intentionally has sexual intercourse with a member of the opposite
sex when:
(1) the other person is compelled by force or
imminent threat of force;
(2) the other person is unaware that the
sexual intercourse is occurring; or
(3) the other person is so mentally disabled
or deficient that consent to sexual intercourse cannot be given; commits rape,
a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening
the use of deadly force;
(2) it is committed while armed with a deadly
weapon;
(3) it results in serious bodily injury to a
person other than a defendant; or
(4) the commission of the offense is
facilitated by furnishing the victim, without the victim's knowledge, with a
drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined
in IC 35-48-1-9) or knowing that the victim was furnished with the drug or
controlled substance without the victim's knowledge.
Sec. 2. (a) A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when:
(1) the other person is compelled by force or imminent threat of force;
(2) the other person is unaware that the conduct is occurring; or
(3) the other person is so mentally disabled or deficient that consent to the conduct cannot be given; commits criminal deviate conduct, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to any person other than a defendant; or
(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
Sec. 3. (a) A person who, with a child under fourteen (14) years of
age, performs or submits to sexual intercourse or deviate sexual conduct
commits child molesting, a Class B felony. However, the offense is a Class A felony if:
(1) it is committed by a person at least
twenty-one (21) years of age;
(2) it is committed by using or
threatening the use of deadly force or while armed with a deadly weapon;
(3) it results in serious bodily injury; or
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the drug or
controlled substance without the victim's knowledge.
(b) A person who, with a child under fourteen (14) years
of age, performs or submits to any fondling or touching, of either the child or
the older person, with intent to arouse or to satisfy the sexual desires of
either the child or the older person, commits child molesting, a Class C
felony. However, the offense is a Class A felony if:
(1) it is committed by using or threatening
the use of deadly force;
(2) it is committed while armed with a deadly
weapon; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the drug or
controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that
the child was sixteen (16) years of age or older at the time of the conduct.
Sec. 4. (a) As used in this section:
"Disseminate" means to transfer possession for free or for a consideration.
"Matter" has the same meaning as in IC 35-49-1-3.
"Performance" has the same meaning as in IC 35-49-1-7.
"Sexual conduct" means sexual intercourse, deviate sexual conduct, exhibition of the uncovered genitals intended to satisfy or arouse the sexual desires of any person, sado-masochistic abuse, sexual intercourse or deviate sexual conduct with an animal, or any fondling or touching of a child by another person or of another person by a child intended to arouse or satisfy the sexual desires of either the child or the other person.
(b) A person who knowingly or intentionally:
(1) manages, produces, sponsors, presents, exhibits, photographs, films, videotapes, or creates a digitized image of any performance or incident that includes sexual conduct by a child under eighteen (18) years of age;
(2) disseminates, exhibits to another person, offers to disseminate or exhibit to another person, or sends or brings into Indiana for dissemination or exhibition matter that depicts or describes sexual conduct by a child under eighteen (18) years of age; or
(3) makes available to another person a computer, knowing that the computer's fixed drive or peripheral device contains matter that depicts or describes sexual conduct by a child less than eighteen (18) years of age; commits child exploitation, a Class C felony.
(c) A person who knowingly or intentionally possesses:
(1) a picture;
(2) a drawing;
(3) a photograph;
(4) a negative image;
(5) undeveloped film;
(6) a motion picture;
(7) a videotape;
(8) a digitized image; or
(9) any pictorial representation; that depicts or describes sexual conduct by a child who is less than sixteen (16) years of age or appears to be less than sixteen (16) years of age, and that lacks serious literary, artistic, political, or scientific value commits possession of child pornography, a Class D felony.
(d) Subsections (b) and (c) do not apply to a bona fide school, museum, or public library that qualifies for certain property tax exemptions under IC 6-1.1-10, or to an employee of such a school, museum, or public library acting within the scope of the employee's employment when the possession of the listed materials are for legitimate scientific or educational purposes.
Sec. 5. (a) A person eighteen (18) years of age or
older who knowingly or intentionally directs, aids, induces, or causes a child
under the age of sixteen (16) to touch or fondle himself or another child under
the age of sixteen (16) with intent to arouse or satisfy the sexual desires of
a child or the older person commits vicarious sexual gratification, a Class D
felony. However, the offense is:
(1)
a Class C felony if a child involved in the offense is under the age of
fourteen (14);
(2)
a Class B felony if:
(A)
the offense is committed by using or threatening the use of deadly force or
while armed with a deadly weapon; or
(B)
the commission of the offense is facilitated by furnishing the victim, without
the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a
controlled substance (as defined in IC 35-48-1-9) or knowing that the
victim was furnished with the drug or controlled substance without the victim's
knowledge; and
(3) a Class A felony if it results in
serious bodily injury.
(b) A person eighteen (18) years of age or older who
knowingly or intentionally directs, aids, induces, or causes a child under the
age of sixteen (16) to:
(1)
engage in sexual intercourse with another child under sixteen (16) years of
age;
(2) engage in sexual conduct with an animal
other than a human being; or
(3) engage in deviate sexual
conduct with another person; with intent to arouse or satisfy the sexual
desires of a child or the older person commits vicarious sexual gratification,
a Class C felony. However, the offense is a Class B felony if any child
involved in the offense is less than fourteen (14) years of age, and it is a
Class A felony if the offense is committed by using or threatening the use of
deadly force, if it is committed while armed with a deadly weapon, if it
results in serious bodily injury, or if the commission of the offense is
facilitated by furnishing the victim, without the victim's knowledge, with a
drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined
in IC 35-48-1-9) or knowing that the victim was furnished with the drug or
controlled substance without the victim's knowledge.
(c) A person eighteen (18) years of age or older who
knowingly or intentionally:
(1)
engages in sexual intercourse;
(2)
engages in deviate sexual conduct; or
(3)
touches or fondles the person's own body; in the presence of a child less than
fourteen (14) years of age with the intent to arouse or satisfy the sexual
desires of the child or the older person commits performing sexual conduct in
the presence of a minor, a Class D felony.
Sec. 6. (a) As used in this section, "solicit" means to
command, authorize, urge, incite, request, or advise an individual:
(1) in person;
(2) by telephone;
(3) in writing;
(4) by using a computer network (as defined
in IC 35-43-2-3(a));
(5) by advertisement of any kind; or
(6) by any other means; to perform an act
described in subsection (b) or (c).
(b) A person eighteen (18) years of age or older who knowingly or
intentionally solicits a child under fourteen (14) years of age, or an
individual the person believes to be a child under fourteen (14) years of age,
to engage in:
(1) sexual intercourse;
(2) deviate sexual conduct; or
(3) any fondling or touching intended to
arouse or satisfy the sexual desires of either the child or the older person;
commits child solicitation, a Class D felony. However, the offense is a Class C
felony if it is committed by using a computer network (as defined in IC 35-43-2-3(a)).
(c) A person at least twenty-one (21) years of age who knowingly or
intentionally solicits a child at least fourteen (14) years of age but less
than sixteen (16) years of age, or an individual the person believes to be a
child at least fourteen (14) years of age but less than sixteen (16) years of
age, to engage in:
(1) sexual intercourse;
(2) deviate sexual conduct; or
(3) any fondling or touching intended to
arouse or satisfy the sexual desires of either the child or the older person;
commits child solicitation, a Class D felony. However, the offense is a
Class C felony if it is committed by using a computer network (as defined in
IC 35-43-2-3(a)).
(d) In a prosecution under this section, including a prosecution for
attempted solicitation, the state is not required to prove that the person
solicited the child to engage in an act described in subsection (b) or (c) at
some immediate time.
Sec. 7. (a) As used in this section, "adoptive parent" has the meaning set forth in IC 31-9-2-6.
(b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent.
(c) As used in this section, "child care worker" means a person
who:
(1) provides care, supervision, or instruction to a child within the scope of the person's employment in a shelter care facility; or
(2) is employed by a:
(A) school corporation; or
(B) nonpublic school;attended by a child who is the victim of a crime under this chapter.
(d) As used in this section, "custodian" means any person who resides with a child and is responsible for the child's welfare.
(e) As used in this section, "nonpublic school" has the meaning set forth in IC 20-18-2-12.
(f) As used in this section, "school corporation" has the meaning set forth in IC 20-18-2-16.
(g) As used in this section, "stepparent" means an individual who is married to a child's custodial or noncustodial parent and is not the child's adoptive parent.
(h) If a person who is:
(1) at least eighteen (18) years of age; and
(2) the:
(A) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
(B) child care worker for; a child at least sixteen (16) years of age but less than eighteen (18) years of age; engages with the child in sexual intercourse, deviate sexual conduct (as defined in IC 35-41-1-9), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction, a Class D felony.
Sec. 8. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person, touches another person when that person is:
(1) compelled to submit to the touching by force or the imminent threat of force; or
(2) so mentally disabled or deficient that consent to the touching cannot be given; commits sexual battery, a Class D felony.
(b) An offense described in subsection (a) is a Class C felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
Sec. 9. (a) A person at least eighteen (18) years of age who, with a
child at least fourteen (14) years of age but less than sixteen (16) years of
age, performs or submits to sexual intercourse or deviate sexual conduct
commits sexual misconduct with a minor, a Class C felony. However, the offense
is:
(1) a Class B felony if it is committed by a
person at least twenty-one (21) years of age; and
(2) a Class A felony if it is committed by using or threatening the use
of deadly force, if it is committed while armed with a deadly weapon, if it
results in serious bodily injury, or if the commission of the offense is
facilitated by furnishing the victim, without the victim's knowledge, with a
drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as
defined in IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(b) A person at least eighteen (18) years of age who, with a child at
least fourteen (14) years of age but less than sixteen (16) years of age,
performs or submits to any fondling or touching, of either the child or the
older person, with intent to arouse or to satisfy the sexual desires of either
the child or the older person, commits sexual misconduct with a minor, a Class
D felony. However, the offense is:
(1) a Class C felony if it is committed by a
person at least twenty-one (21) years of age; and
(2) a Class B felony if it is committed by using or threatening the use
of deadly force, while armed with a deadly weapon, or if the commission of the
offense is facilitated by furnishing the victim, without the victim's
knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled
substance (as defined in IC 35-48-1-9) or knowing that the victim was
furnished with the drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that
the child was at least sixteen (16) years of age at the time of the conduct.
However, this subsection does not apply to an offense described in subsection
(a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married.
However, this subsection does not apply to an offense described in subsection
(a)(2) or (b)(2).
ARTICLE
45
OFFENSES
AGAINST PUBLIC HEALTH, ORDER AND DECENCY
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle; to be evacuated; commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:
(1) Class D felony if:
(A) the threat is to commit a forcible felony;
(B) the person to whom the threat is communicated:
(i) is a law enforcement officer;
(ii) is a judge or bailiff of any court;
(iii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
(iv) is an employee of a school corporation; or
(v) is a community policing volunteer;
(C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
(D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
(2) Class C felony if, while committing it, the person draws or uses a deadly weapon.
(c) "Threat" means an expression, by words or action, of an intention to:
(1) unlawfully injure the person threatened or another person, or damage property;
(2) unlawfully subject a person to physical confinement or restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to another person's legal claim or defense, except for a reasonable claim for witness fees or expenses;
(6) expose the person threatened to hatred, contempt, disgrace, or ridicule;
(7) falsely harm the credit or business reputation of the person threatened; or
(8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.
ARTICLE
46
MISCELLANEOUS
OFFENSES
Chapter
1
Sec. 3. (a) A person eighteen (18) years of age or older who engages in sexual intercourse or deviate sexual conduct with another person, when the person knows that the other person is related to the person biologically as a parent, child, grandparent, grandchild, sibling, aunt, uncle, niece, or nephew, commits incest, a Class C felony. However, the offense is a Class B felony if the other person is less than sixteen (16) years of age.
(b) It is a defense that the accused person's otherwise incestuous relation with the other person was based on their marriage, if it was valid where entered into.
ARTICLE
41
SUBSTANTIVE
CRIMINAL PROVISION
IC
35-41-4
Chapter 4.
Standard
of Proof and Bars to Prosecution
Sec. 2. (a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:
(1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony; or
(2) within two (2) years after the commission of the offense, in the case of a misdemeanor.
(b) A prosecution for a Class B or Class C felony that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:
(1) first discovers the identity of the offender with DNA (deoxyribonucleic acid) evidence; or
(2) could have discovered the identity of the offender with DNA (deoxyribonucleic acid) evidence by the exercise of due diligence.
However, for a Class B or Class C felony in which the state first discovered the identity of an offender with DNA (deoxyribonucleic acid) evidence after the time otherwise allowed for prosecution and before July 1, 2001, the one (1) year period provided in this subsection is extended to July 1, 2002.
(c) A prosecution for a Class A felony may be commenced at any time.
(d) A prosecution for murder may be commenced:
(1) at any time; and
(2) regardless of the amount of time that passes between:
(A) the date a person allegedly commits the elements of murder; and
(B) the date the alleged victim of the murder dies.
(e) A prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age:
(1) IC 35-42-4-3(a) (Child molesting).
(2) IC 35-42-4-5 (Vicarious sexual gratification).
(3) IC 35-42-4-6 (Child solicitation).
(4) IC 35-42-4-7 (Child seduction).
(5) IC 35-46-1-3 (Incest).
(f) A prosecution for forgery of an instrument for payment of money, or
for the uttering of a forged instrument, under IC 35-43-5-2, is barred
unless it is commenced within five (5) years after the maturity of the
instrument.
(g) If a complaint, indictment, or information is dismissed because of
an error, defect, insufficiency, or irregularity, a new prosecution may be
commenced within ninety
(90) days after the dismissal even if the period of limitation has
expired at the time of dismissal, or will expire within ninety (90) days after
the dismissal.
(h) The period within which a prosecution must be commenced does not
include any period in which:
(1) the accused person is not usually and
publicly resident in Indiana or so conceals himself that process cannot be
served on him;
(2) the accused person conceals evidence of the offense, and evidence
sufficient to charge him with that offense is unknown to the prosecuting
authority and could not have been discovered by that authority by exercise of
due diligence; or
(3) the accused person is a person elected or appointed to office under
statute or constitution, if the offense charged is theft or conversion of
public funds or bribery while in public office.
(i) For purposes of tolling the period of limitation only, a
prosecution is considered commenced on the earliest of these dates:
(1) The date of filing of an indictment,
information, or complaint before a court having jurisdiction.
(2) The date of issuance of a valid arrest
warrant.
(3) The date of arrest of the accused person
by a law enforcement officer without a warrant, if the officer has authority to
make the arrest.
(j) A prosecution is considered timely commenced for any
offense to which the defendant enters a plea of guilty, notwithstanding that
the period of limitation has expired.
My
email address true_perspective@yahoo.com