The Indiana Prosecuting Attorneys Council supported and helped write the new defense. Executive Director Stephen J.
Johnson said the change doesn't lower the age of consent. It modifies a law that made sexual misconduct with a minor a separate offense from child molesting as a way of dealing with teenage sexuality, Johnson said. The defense can be asserted if the person accused of having sexual contact with a or year-old is under 21, is no more than four years older than the alleged victim and was involved in a dating relationship with the victim at the time.
Sex with a person under 14 is still considered child molesting, regardless of the age of the perpetrator. But the new law could protect an year-old from adult felony charges if he has sex with a year-old girlfriend, for instance. For example, an year-old who is romantically involved with a year-old could assert this defense and hope to avoid criminal charges or conviction. However, any sexual contact with a child under the age of 14 is a felony offense, and a conviction can result in significant prison time.
Indiana Statutory Rape Laws | guyboutdustrafdi.gq
Depending on the circumstances of the crime, child molestation is a Level 1, 2, or 3 felony. Sexual misconduct short of intercourse or penetration is a Level 5 felony if the defendant is over the age of 21, and a Level 6 felony if the defendant is under the age of Child seduction is also a Level 5 or Level 6 felony depending on the circumstances of the crime. People in Indiana who are convicted of child molestation and child seduction are required to register as sex offenders.
People who are convicted of sexual misconduct with a child are also required to register if the crime is a Level 1, 2, 4, or 5 felony, although the court can decide to release a defendant from the registration requirement if the crime is a Level 5 felony and the defendant is not more than four years older than the child. Laws can change at any time.
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If you are charged with a sex crime involving a minor, you should contact a local criminal defense attorney. Being convicted of a sex crime has serious consequences.
Indiana’s Statutory Rape Laws
Retaining an experienced attorney will give you the best chance of avoiding a conviction and obtaining the best possible resolution under the circumstances. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
Indiana Age of Consent Lawyers
Sexual misconduct is punished more severely if: A person who engages in any sexual activity with a child over the age of 16 but under the age of 18 commits child seduction where the defendant is: Child Enticement Adults who lure or try to lure children to engage in sexual contact can be convicted of child enticement called child solicitation in Indiana , even if no sexual contact ever takes place.
Defenses to a Statutory Rape Charge Indiana law provides important defense to statutory rape. However, in Indiana, it is a defense to any sex crime that: Marriage In Indiana, it is a defense to a charge of sexual misconduct except by force or violence that the child and the defendant are or were married. When both parties are minors: In Indiana, it is a defense to a charge of sexual misconduct except by force or violence that: