Indiana
Indiana Age of Consent Laws: Statutes, Penalties and Reporting
Independently fact-checked against primary sources (last audited September 30, 2026). · 9 primary sources cited on this page. How we verify our legal content
Indiana's age-based criminal protections run on three lines: child molesting covers any child under 14 (IC 35-42-4-3), sexual misconduct with a minor covers a child under 16 when the other person is at least 18 (IC 35-42-4-9), and child seduction covers a child under 18 when the other person holds a listed role or relationship (IC 35-42-4-7).
To report a concern: if a child is in immediate danger, call 911. For Indiana, the Department of Child Services says its Child Abuse and Neglect Hotline is 1-800-800-5556 and "is available 24 hours a day, 7 days a week, including weekends and holidays." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.
Information last verified on 2026-09-29. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.
This page covers Indiana's criminal statutes on sexual offenses involving minors. Federal law is summarized on the age of consent laws by state hub. The text below is taken from the 2026 Indiana Code published by the Indiana General Assembly, which was read through a text renderer because iga.in.gov serves its statute pages as a JavaScript application.
This page describes the main age-based sexual offense statutes. Other Indiana statutes also protect minors, and one of them can apply even where none of the offenses described here does.
How Indiana law protects minors by age
Indiana's main protections turn on three age lines: under 14, under 16 and under 18. All of them are in Indiana Code Title 35, Article 42, Chapter 4 (offenses against the person, sex crimes). The table summarizes the core offenses, and the sections below describe each.
| Person protected | Condition | Offense | Cite |
|---|---|---|---|
| Under 14 | Any person | Child molesting | IC 35-42-4-3 |
| Under 16 | Person at least 18 | Sexual misconduct with a minor | IC 35-42-4-9 |
| Under 18 | Person at least 18 who is a guardian, adoptive parent, adoptive grandparent, custodian, stepparent, child care worker or coach | Child seduction | IC 35-42-4-7(p) |
| Under 18 | Person with a current or previous professional relationship who uses or exerts it | Child seduction | IC 35-42-4-7(q) |
| Under 18 | Law enforcement officer at least four years older, or workplace supervisor at least four years older, who uses or exerts the relationship | Child seduction | IC 35-42-4-7(r), (t) |
Child molesting (under 14)
IC 35-42-4-3(a) applies to "a person who, with a child under fourteen (14) years of age, knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct." Subsection (b) covers fondling or touching with intent to arouse or satisfy the sexual desires of either the child or the older person. The section states no minimum age for the other person. The offense is raised to a Level 1 felony under subsection (a) if it is committed by a person at least 21 years of age, or in specified aggravated circumstances (deadly force or a deadly weapon, serious bodily injury, drugging, or transmission of a serious sexually transmitted disease).
Sexual misconduct with a minor (under 16)
IC 35-42-4-9(a) applies to "a person at least eighteen (18) years of age" who performs or submits to sexual intercourse or other sexual conduct with "a child less than sixteen (16) years of age." Subsection (b) covers fondling or touching with the same intent element. The person's age is an element of the offense, and the grade is raised if the person is at least 21.
The section also contains a defense in subsection (e). It is a defense to a prosecution under section 9 "if all the following apply": the person is not more than four years older than the victim; the relationship was a dating relationship or an ongoing personal relationship (which "does not include a family relationship"); the crime was not committed by a person at least 21, by using or threatening deadly force, while armed with a deadly weapon, did not result in serious bodily injury, was not facilitated by drugging the victim, and was not committed by a person having a position of authority or substantial influence over the victim; the person has not committed another sex offense against any other person; and the person is not promoting prostitution with respect to the victim. This is a statutory defense with those conjunctive conditions. It is not part of the definition of the offense and is not a general exception.
Child seduction (under 18)
IC 35-42-4-7 is Indiana's relationship-based offense and reaches children "less than eighteen (18) years of age." It has four branches, each keyed to a role or relationship:
- Guardian and caregiver roles (subsection (p)). A person at least 18 who is the guardian, adoptive parent, adoptive grandparent, custodian or stepparent of the child, a child care worker for the child, or a coach of the child, and who engages with the child in sexual intercourse, other sexual conduct, or any fondling or touching with the intent to arouse or satisfy the sexual desires of either, commits child seduction. The section defines "child care worker" to include persons employed by or affiliated with a school corporation, charter school, nonpublic school or special education cooperative attended by the child, and "coach" to include persons connected with a youth sports organization.
- Professional relationship (subsection (q)). A person who has or had a professional relationship with a child the person knows to be under 18, who may exert undue influence because of that relationship, and who "uses or exerts" the professional relationship to engage in the listed conduct. The section defines a professional relationship to include a licensed occupation or employment in which counseling, supervising, instructing or recruiting children is a significant part, and it names mental health professionals and military recruiters.
- Law enforcement officer (subsection (r)). An officer at least four years older than the child who has contact with the child within the scope of official duties and uses or exerts that professional relationship.
- Workplace supervisor (subsection (t)). A supervisor at least four years older than the child who supervises the child at the child's place of employment and uses or exerts the supervisory relationship. The subsection does not apply to a workplace supervisor who had a dating relationship with the child before the child was employed.
Subsection (v) grades the offense by the child's age and the conduct: a Level 6 felony for fondling or touching of a child 16 or 17; Level 5 for intercourse or other sexual conduct with a child 16 or 17, and for fondling or touching of a child 14 or 15; Level 4 for intercourse or other sexual conduct with a child 14 or 15; Level 3 for fondling or touching of a child 13 or under; and Level 2 for intercourse or other sexual conduct with a child 13 or under.
Other Indiana offenses that protect minors
Other sections in the same chapters have their own age elements. The text of each controls.
- Child solicitation. IC 35-42-4-6 covers a person 18 or older who solicits a child under 14, and a person at least 21 who solicits a child at least 14 but less than 16, to engage in sexual intercourse, other sexual conduct, or fondling or touching. The offense includes solicitation of "an individual the person believes to be" such a child, and is a Level 5 felony, raised to Level 4 in specified circumstances.
- Vicarious sexual gratification and sexual conduct in the presence of a minor. IC 35-42-4-5 applies to a person 18 or older who directs, aids, induces or causes a child under 16 to engage in specified conduct, and to sexual conduct in the presence of a child under 14.
- Inappropriate communication with a child (sexual grooming). IC 35-42-4-13 applies to a person at least 18 who communicates concerning sexual activity with an individual the person believes to be a child less than 14, or engages in a pattern of repeated or continuous contact with such an individual intended to condition the individual to be less resistant to future sexual conduct.
- Incest. IC 35-46-1-3 applies to a person 18 or older who engages in sexual intercourse or other sexual conduct with a person the person knows to be related biologically as a parent, child, grandparent, grandchild, sibling, aunt, uncle, niece or nephew. It is a Level 5 felony, and a Level 4 felony if the other person is less than 16. This offense reaches biological relatives that the child seduction statute does not list.
- Promoting prostitution involving a person under 18. IC 35-45-4-4 defines a "juvenile prostitution victim" as a person less than 18 who engages in juvenile prostitution. Promoting prostitution is a Level 5 felony, raised to Level 4 under subdivision (1) if the person enticed or compelled is less than 18.
- Child exploitation and child sex abuse material. IC 35-42-4-4 makes it child exploitation, a Level 4 felony, to induce, cause or coerce a child less than 18 to engage in sexual conduct with the intent to produce or transmit an image of it, among other conduct. IC 35-42-4-4.5, added by P.L.92-2026, covers possession and distribution of child sex abuse material depicting a child less than 18.
- Child sexual trafficking. IC 35-42-3.5-1.2 makes it a Level 3 felony to recruit, entice, harbor or transport a child less than 18 with the intent of causing the child to engage in prostitution or juvenile prostitution or in sexual conduct in violation of the child exploitation statute, and states that it is not a defense that the child consented. IC 35-42-3.5-1.3 makes it a Level 2 felony for a person at least 18 to sell or transfer custody of a child under 18 for such a purpose. Subsection 1.2(c) separately makes it a Level 3 felony, promotion of sexual trafficking of a younger child, to recruit, entice, harbor or transport a child less than 16 with the intent of inducing or causing the child to participate in sexual conduct, and that subsection states its own defenses.
Penalties
The sections above state the felony level, and IC 35-50-2 sets the range for each level. The ranges below are the fixed terms stated in that chapter, and each is subject to a fine of not more than $10,000.
| Offense | Level | Fixed term (advisory) |
|---|---|---|
| Child molesting, intercourse or other sexual conduct, IC 35-42-4-3(a) | Level 3; Level 1 if the person is 21 or older or in the listed aggravated circumstances | Level 3: 3 to 16 years (9); Level 1: 20 to 40 years (30), or 20 to 50 years for child molesting under (a)(1) or (a)(3) |
| Child molesting, fondling or touching, IC 35-42-4-3(b) | Level 4; Level 2 in listed aggravated circumstances | Level 4: 2 to 12 years (6); Level 2: 10 to 30 years (17 1/2) |
| Sexual misconduct with a minor, intercourse or other sexual conduct, IC 35-42-4-9(a) | Level 5; Level 4 if the person is 21 or older; Level 1 in listed aggravated circumstances | Level 5: 1 to 6 years (3); Level 4: 2 to 12 years (6); Level 1: 20 to 40 years (30) |
| Sexual misconduct with a minor, fondling or touching, IC 35-42-4-9(b) | Level 6; Level 5 if the person is 21 or older; Level 2 in listed aggravated circumstances | Level 6: 6 months to 2 1/2 years (1); Level 5: 1 to 6 years (3); Level 2: 10 to 30 years (17 1/2) |
| Child seduction, IC 35-42-4-7(v) | Level 6 through Level 2, by the child's age and the conduct | See the ranges above for each level; Level 3 is 3 to 16 years (9) |
The ranges come from IC 35-50-2. The statute for a Level 6 felony also allows a court in some circumstances to enter judgment of conviction of a Class A misdemeanor, and the text of that provision controls. IC 35-42-4-3 also provides that the court "shall order" restitution for pregnancy and childbirth expenses if a pregnancy results from the offense.
Sex offender registration
Under IC 11-8-8-4.5, the offenses that require registration include child molesting (IC 35-42-4-3), child seduction (IC 35-42-4-7), and sexual misconduct with a minor (IC 35-42-4-9) as a Level 1, Level 2, Level 4 or Level 5 felony. For a Level 5 sexual misconduct conviction, the list contains an exclusion where the person is not more than four years older than the victim and "the sentencing court finds that the person should not be required to register as a sex offender." The exclusion applies only when the conditions in that section are met, and it depends on a finding by the sentencing court. A child adjudicated delinquent is included under IC 11-8-8-4.5(b)(4) only if the child is at least 14, meets the release conditions stated there, and is found by a court by clear and convincing evidence to be likely to repeat the act.
Under IC 11-8-8-19, registration generally continues until ten years after release from a penal facility or placement on probation or parole, whichever occurs last, and a person convicted of an offense committed at 18 or older against a victim less than 12 years of age is required to register for life. Section 19 also requires lifetime registration for a sexually violent predator, for an offense that caused serious bodily injury or death, used force or the threat of force, or rendered the victim unconscious or otherwise incapable of giving voluntary consent, and for a person convicted of at least two unrelated offenses. Under IC 35-38-1-7.5(b), a person who commits child molesting at 18 or older is a sexually violent predator by operation of law, and so registers for life, unless every condition in subsection (h) of that section is met, including a victim at least 12, an age difference of not more than four years, and a court finding that the person should not be considered a sexually violent predator. Subsection (g) of that section separately lets a sexually violent predator, other than a person with two or more unrelated registrable convictions, petition the court not earlier than ten years after the determination or release to no longer be considered one.
Recent changes
The compiled 2026 Indiana Code shows the following amendment history for the core sections: IC 35-42-4-3 and 35-42-4-9 were amended by P.L.186-2025, and IC 35-42-4-7 was amended by P.L.238-2025 and P.L.145-2026. IC 35-42-4-13 was amended by P.L.111-2026. P.L.92-2026 amended IC 35-42-4-4 (child exploitation) and IC 11-8-8-19 (registration duration) and added IC 35-42-4-4.5 (child sex abuse material offenses after June 30, 2026). This page reproduces the text of the 2026 code as published by the Indiana General Assembly, and the specific edits made by each act were not isolated for this check, so the current text of each section should be read for any specific question.
Where to report
If a child is in immediate danger, call 911. The Indiana Department of Child Services says its Child Abuse and Neglect Hotline is 1-800-800-5556. The national Childhelp hotline and the NCMEC CyberTipline are listed in the box near the top of this page.
Disclaimer
This page is general legal information about Indiana criminal statutes as verified on 2026-09-29. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Indiana.
Related articles
Frequently Asked Questions
What is the difference between child molesting and sexual misconduct with a minor in Indiana?
Child molesting (IC 35-42-4-3) applies to conduct with a child under 14 and states no minimum age for the other person. Sexual misconduct with a minor (IC 35-42-4-9) applies to conduct with a child less than 16 by a person at least 18. The felony level under each depends on the conduct and, in specified cases, the age of the person.
Does the four-year provision in section 9(e) change the definition of the offense?
No. It is a defense that applies only if every listed condition is met, including a dating relationship or ongoing personal relationship, no aggravating circumstances, no position of authority or substantial influence, and no other sex offense. The offense definition in section 9(a) and (b) is unchanged.
Which roles does the child seduction statute list?
Subsection (p) lists a guardian, adoptive parent, adoptive grandparent, custodian or stepparent of the child, a child care worker for the child, or a coach of the child, in each case a person at least 18. Other subsections cover professional relationships, law enforcement officers and workplace supervisors who use or exert the relationship.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Indiana Code, TITLE 35. CRIMINAL LAW AND PROCEDURE
§ 35-42-4-9Sexual misconduct with a minorIn force
Sec. 9. (a) A person at least eighteen (18) years of age who knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with a child less than sixteen (16) years of age, commits sexual misconduct with a minor, a Level 5 felony. However, the offense is: (1) a Level 4 felony if it is committed by a person at least twenty-one (21) years of age; and (2) a Level 1 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 35-48-1.1-7) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 35-42-4-3Child molestingIn force
Sec. 3. (a) A person who, with a child under fourteen (14) years of age, knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) commits child molesting, a Level 3 felony. However, the offense is a Level 1 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; (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 35-48-1.1-7) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; or (5) it results in the transmission of a serious sexually transmitted disease and the person knew that the person was infected with the disease.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 35-42-4-7Child seductionIn force
Sec. 7. (a) As used in this section, "adoptive parent" has the meaning set forth in IC 31-9-2.1-13. (b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent. (c) As used in this section, "charter school" has the meaning set forth in IC 20-18-2-2.5. (d) 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; (2) is employed by a: (A) school corporation; (B) charter school; (C) nonpublic school; or (D) special education cooperative; attended by a child who is the victim of a crime under this chapter; or (3) is: (A) affiliated with a: (i) school corporation; (ii) charter school; (iii) nonpublic school; or (iv) special education cooperative; attended by a child who is the victim of a crime under this chapter, regardless of how or whether the person is compensated; (B) in a position of trust in relation to a child who attends the school or cooperative; (C) engaged in the provision of care or supervision to a child who attends the school or cooperative; and (D) at least four (4)…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 35-46-1-3IncestIn force
Sec. 3. (a) A person eighteen (18) years of age or older who engages in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) 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 Level 5 felony. However, the offense is a Level 4 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 the marriage was valid where it was entered into.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 35-38-1-7.5Sexually violent predatorsIn force
Sec. 7.5. (a) As used in this section, "sexually violent predator" means a person who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense (as defined in IC 11-8-8-5.2). The term includes a person convicted in another jurisdiction who is identified as a sexually violent predator under IC 11-8-8-20. The term does not include a person no longer considered a sexually violent predator under subsection (g). (b) A person who: (1) being at least eighteen (18) years of age, commits an offense described in: (A) IC 35-42-4-1; (B) IC 35-42-4-2 (before its repeal); (C) IC 35-42-4-3 as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014); (D) IC 35-42-4-5(a)(1); (E) IC 35-42-4-5(a)(2); (F) IC 35-42-4-5(a)(3) (before that provision was redesignated by P.L.158-2013, SECTION 441); (G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for a crime committed before July 1, 2014) or Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014); (H) IC 35-42-4-5(b)(2); or (I) IC…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 60 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Jensen v. State (Indiana Supreme Court 2009, 905 N.E.2d 384)“…the individual likely to repeatedly [commit sex offenses].‖ Ind. Code § 35-38-1-7.5(a) (formerly Ind. Code § 5-2-12-4.5).…”
- Lemmon v. Harris (Indiana Supreme Court 2011, 949 N.E.2d 803)“…question ―Is the offender a sexually violent predator under IC 35-38-1-7.5?‖ and a box that was checked ―Yes.‖ App…”
- State v. Pollard (Indiana Supreme Court 2009, 908 N.E.2d 1145)“…(1) found to be a sexually violent predator under IC 35-38-1-7.5; or (2) convicted…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 35-42-3.5-1.2Promotion of child sexual trafficking; promotion of sexual trafficking of a younger childIn force
Sec. 1.2. (a) A person who knowingly or intentionally recruits, entices, harbors, or transports a child less than eighteen (18) years of age with the intent of causing the child to engage in: (1) prostitution or juvenile prostitution; or (2) a performance or incident that includes sexual conduct in violation of IC 35-42-4-4 (child exploitation); commits promotion of child sexual trafficking, a Level 3 felony. (b) It is not a defense to a prosecution under this section that the: (1) child consented to engage in prostitution or juvenile prostitution or to participate in sexual conduct; or (2) intended victim of the offense is a law enforcement officer. (c) A person who knowingly or intentionally recruits, entices, harbors, or transports a child less than sixteen (16) years of age with the intent of inducing or causing the child to participate in sexual conduct commits promotion of sexual trafficking of a younger child, a Level 3 felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Brian Randy Vanauken v. State of Indiana (Indiana Court of Appeals 2024)“…on of child sexual trafficking, a Level 3 felony. Ind. Code § 35-42-3.5-1.2(a). A person at least eightee…”
- Individual Members of the Medical Licensing Board of Indiana v. Anonymous 1 (Indiana Court of Appeals 2024)“…engage in prostitution, or participate in sexual conduct); I.C. § 35-42-3.5-1.2(a), (providing that a person who…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 35-42-3.5-1.3Child sexual traffickingIn force
Sec. 1.3. A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than eighteen (18) years of age for the purpose of prostitution, juvenile prostitution, or participating in sexual conduct commits child sexual trafficking, a Level 2 felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Individual Members of the Medical Licensing Board of Indiana v. Anonymous 1 (Indiana Court of Appeals 2024)“…promotion of child sexual trafficking, a Level 3 felony); I.C. § 35-42-3.5-1.3 (defining child sexual trafficking,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 35-42-4-13Inappropriate communication with a childIn force
Sec. 13. (a) This section does not apply to the following: (1) A parent, guardian, or custodian of a child. (2) A person who acts with the permission of a child's parent, guardian, or custodian. (3) A person to whom a child makes a report of abuse or neglect. (4) A person to whom a child reports medical symptoms that relate to or may relate to sexual activity. (b) As used in this section, "sexual activity" means sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or the fondling or touching of the buttocks, genitals, or female breasts. (c) A person at least eighteen (18) years of age who knowingly or intentionally: (1) communicates with an individual whom the person believes to be a child less than fourteen (14) years of age concerning sexual activity with the intent to gratify the sexual desires of the person or the individual; or (2) engages in a pattern of repeated or continuous contact with an individual the person believes to be less than fourteen (14) years of age, with the intent to condition the individual to be less resistant to future sexual conduct or sexual activity; commits sexual grooming, a Class B misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Michael L. Harris v. State of Indiana (Indiana Court of Appeals 2013, 985 N.E.2d 767)“…noted that I.C. § 35-42-4-6 punishes child solicitation and I.C. § 35-42-4-13 punishes inappropriate communication wi…”
- D.L. v. J.H. (mem. dec.) (Indiana Court of Appeals 2020)“…are or condition a child for sexual activity (as defined in IC 35-42-4-13). Court of Appeals of Indiana…”
- John Doe v. Prosecutor, Marion C (Court of Appeals for the Seventh Circuit 2013, 705 F.3d 694)“…ratify the sexual desires of the person or the individual,” Ind. Code § 35-42-4-13 (applies to persons over twenty-one com…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 35-42-4-4Child exploitation; exemptions; defensesIn forcecited in 4 of our articles
Sec. 4. (a) The following definitions apply throughout this section: (1) "Image" means any visual representation. (2) "Sexual conduct" means: (A) sexual intercourse; (B) other sexual conduct (as defined in IC 35-31.5-2-221.5); (C) exhibition of the: (i) uncovered genitals; or (ii) female breast with less than a fully opaque covering of any part of the nipple; intended to satisfy or arouse the sexual desires of any person; (D) sadomasochistic abuse; (E) sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with an animal; or (F) 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 75 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Brown v. State (Indiana Court of Appeals 2009, 912 N.E.2d 881)“…e other does not." Id. at 304 , 52 S.Ct. 180 . I.C. § 35-42-4-4(b) provides, in pertinent part, as foll…”
- Mehring v. State (Indiana Court of Appeals 2008, 884 N.E.2d 371)“…ncurs. MATHIAS, J., dissents with separate opinion. . Ind.Code Ann. § 35-42-4-4(b) (West, PREMISE through 2007 1st Regu…”
- Salter v. State (Indiana Court of Appeals 2009, 906 N.E.2d 212)“…s for forty counts of child exploitation, Class C felonies, Ind.Code § 35-42-4-4, and five counts of dissemination of ma…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Indiana Sexting Laws: Legal Consequences and Penalties, Indiana Pornography Laws (2026): Legality, AV Suits & Penalties, Indiana Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)
§ 35-42-4-4.5Possession of child sexual abuse material; exemptions; defensesIn forcecited in 3 of our articles
Sec. 4.5. (a) The following definitions apply throughout this section: (1) "Image" has the meaning set forth in section 4 of this chapter. (2) "Sexual conduct" has the meaning set forth in section 4 of this chapter. (b) A person who, with intent to view the image, knowingly or intentionally possesses or accesses an image that depicts or describes sexual conduct: (1) by a child who the person knows is less than eighteen (18) years of age; (2) by a child less than eighteen (18) years of age, or by a person who appears to be a child less than eighteen (18) years of age, if the representation of the image is obscene (as described in IC 35-49-2-1); or (3) that is simulated sexual conduct involving a representation that appears to be a child less than eighteen (18) years of age, if the representation of the image is obscene (as described in IC 35-49-2-1); commits possession of child sex abuse material, a Level 6 felony, except as otherwise provided in this section. It is not a required element of an offense under subdivision (3) that the child depicted actually exists.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 35-42-4-5Vicarious sexual gratification; sexual conduct in presence of a minorIn forcecited in 2 of our articles
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 herself 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 Level 5 felony. However, the offense is: (1) a Level 4 felony if a child involved in the offense is under the age of fourteen (14); and (2) a Level 3 felony if: (A) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon; (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 35-48-1.1-7) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; or (C) the commission of the offense results in serious bodily injury.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 31 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Kevin Townsend v. State of Indiana (Indiana Court of Appeals 2015, 26 N.E.3d 619)“…defendant guilty beyond a reasonable doubt. Id. [17] Ind. Code § 35-42-4-5 governs the crime of vicarious sexual g…”
- Jason Riddle v. State of Indiana (mem. dec.) (Indiana Court of Appeals 2018)“…rforming sexual conduct in the presence of a minor. Ind. Code § 35-42-4-5(c)(3) provides that “[a] person eightee…”
- Matthew Grayson v. State of Indiana (mem. dec.) (Indiana Court of Appeals 2016)“…1 Ind. Code § 35-42-4-3. 2 I.C. § 35-42-4-5. Court of Appeals of Indiana |…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 35-42-4-6Child solicitationIn forcecited in 2 of our articles
Sec. 6. (a) As used in this section, "solicit" means to command, authorize, urge, incite, request, lure, entice, or advise an individual: (1) in person; (2) by telephone or wireless device; (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 sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching intended to arouse or satisfy the sexual desires of either the child or the older person, commits child solicitation, a Level 5 felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 63 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Matthew Pavlovich v. State of Indiana (Indiana Court of Appeals 2014, 6 N.E.3d 969)“…on; commits child solicitation, a Class D felony. Ind. Code § 35-42-4-6(b) (Supp. 2007) (subsequently amended b…”
- Ward v. State (Indiana Supreme Court 1988, 528 N.E.2d 52)“…g a child under twelve to engage in deviate sexual conduct. I.C. 35-42-4-6. I.C. 35-41-5-1, the attempt statute,…”
- Kuypers v. State (Indiana Court of Appeals 2008, 878 N.E.2d 896)“…bed in subsection (b) or (c) at some immediate time. I.C. § 35-42-4-6. “Authorize” means, in relevant part, “…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 35-45-4-4Promoting prostitutionIn force
Sec. 4. (a) As used in this section, "juvenile prostitution victim" means a person less than eighteen (18) years of age who engages in juvenile prostitution. (b) A person who: (1) knowingly or intentionally entices or compels another person to become a prostitute or juvenile prostitution victim; (2) knowingly or intentionally procures, or offers or agrees to procure, a person for another person for the purpose of prostitution or juvenile prostitution; (3) having control over the use of a place, knowingly or intentionally permits another person to use the place for prostitution or juvenile prostitution; (4) receives money or other property from a prostitute or juvenile prostitution victim, without lawful consideration, knowing it was earned in whole or in part from prostitution or juvenile prostitution; or (5) knowingly or intentionally conducts or directs another person to a place for the purpose of prostitution or juvenile prostitution; commits promoting prostitution, a Level 5 felony. However, the offense is a Level 4 felony under subdivision (1) if the person enticed or compelled is less than eighteen (18) years of age.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Nation v. State (Indiana Supreme Court 1983, 445 N.E.2d 565)“…pellant) was charged with Count I, Promoting Prostitution, Ind. Code § 35-45-4-4 (1) (Burns 1979), Count II, Promoting P…”
- State v. Hartman (Indiana Supreme Court 1992, 602 N.E.2d 1011)“…was charged with promoting prostitution, a class C felony, Ind. Code Ann. § 35-45-4-4 (5) (West 1986). He moved to dismiss fo…”
- Matthew Pavlovich v. State of Indiana (Indiana Court of Appeals 2014, 6 N.E.3d 969)“…under eighteen years old, P.Y., to become a prostitute. See Ind. Code § 35-45-4-4(1). 2 This charge w…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Indiana Code, TITLE 11. CORRECTIONS
§ 11-8-8-19Expiration of duty to register; lifetime registration; out-of-state registrantsIn forcecited in 2 of our articles
Sec. 19. (a) Except as provided in subsections (b) through (f), a sex or violent offender is required to register under this chapter until the expiration of ten (10) years after the date the sex or violent offender: (1) is released from a penal facility (as defined in IC 35-31.5-2-232) or a secure juvenile detention facility of a state or another jurisdiction; (2) is placed in a community transition program; (3) is placed in a community corrections program; (4) is placed on parole; or (5) is placed on probation; for the sex or violent offense requiring registration, whichever occurs last. The registration period is tolled during any period that the sex or violent offender is incarcerated. The registration period does not restart if the offender is convicted of a subsequent offense. However, if the subsequent offense is a sex or violent offense, or an offense under section 17 of this chapter, a new registration period may be imposed in accordance with this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Lemmon v. Harris (Indiana Supreme Court 2011, 949 N.E.2d 803)“…destination, I.C. § 11-8-8-18; and to re-register for life, I.C. § 11-8-8-19. These additional restraints, in partic…”
- Andre Gonzalez v. State of Indiana (Indiana Supreme Court 2013, 980 N.E.2d 312)“…to register with local law enforcement for life. See, e.g., Ind. Code § 11-8-8-19(c) (requiring lifetime registration if…”
- Marlett v. State (Indiana Court of Appeals 2007, 878 N.E.2d 860)“…or ten years after being released from incarceration. See I.C. § 11-8-8-19. As with the Registry, the statute gove…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Indiana Restraining Order Laws (2026): How to Get a Protective Order
§ 11-8-8-4.5"Sex offender"In force
Sec. 4.5. (a) Except as provided in section 22 of this chapter, as used in this chapter, "sex offender" means a person convicted of any of the following offenses: (1) Rape (IC 35-42-4-1). (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal). (3) Child molesting (IC 35-42-4-3). (4) Child exploitation (IC 35-42-4-4). (5) Vicarious sexual gratification (including performing sexual conduct in the presence of a minor) (IC 35-42-4-5). (6) Child solicitation (IC 35-42-4-6). (7) Child seduction (IC 35-42-4-7).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 38 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Nathan Healey v. Robert Carter, Commissioner of the Indiana Department of Corrections (Indiana Court of Appeals 2018, 109 N.E.3d 1043)“…forth in the criminal charge. 5. On July 4, 2007, Ind. Code 11-8-8-4.5 set forth those crimes for w…”
- Daquan Whitener v. State of Indiana (Indiana Court of Appeals 2013, 982 N.E.2d 439)“…der requiring him to register as a sex offender pursuant to Ind. Code § 11-8-8-4.5 was error because his sole conviction…”
- William R. Dixon v. Indiana Department of Correction (Indiana Court of Appeals 2016, 56 N.E.3d 47)“…No. 173-2006, § 55). The relevant provision is now found at Ind. Code § 11-8-8-4.5 and was added by Pub. L. No. 2…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- IC 35-42-4-3 (Child molesting), Indiana Code 2026, Title 35 Article 42(iga.in.gov).gov
- IC 35-42-4-5 to 35-42-4-13, Indiana Code 2026, Title 35 Article 42 (child solicitation, child seduction, sexual misconduct with a minor, inappropriate communication)(iga.in.gov).gov
- IC 35-42-3.5 (Human trafficking), Indiana Code 2026, Title 35 Article 42(iga.in.gov).gov
- IC 35-45-4-4 (Promoting prostitution), Indiana Code 2026, Title 35 Article 45(iga.in.gov).gov
- IC 35-50-2 (Sentencing ranges), Indiana Code 2026, Title 35 Article 50(iga.in.gov).gov
- IC 11-8-8 (Sex and violent offender registration), Indiana Code 2026, Title 11 Article 8(iga.in.gov).gov
- Indiana Department of Child Services: Child Abuse and Neglect Hotline(www.in.gov).gov
- IC 35-46-1-3(iga.in.gov).gov
- IC 35-38-1-7.5(b)(iga.in.gov).gov