Indiana § 35-42-3.5-1.2 Promotion of child sexual trafficking; promotion of sexual trafficking
of a younger child

Indiana Statutes

§ 35-42-3.5-1.2 — Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child

Indiana § 35-42-3.5-1.2

Art. 42OFFENSES AGAINST THE PERSON

Ch. 3.5Human and Sexual Trafficking

This text of Indiana § 35-42-3.5-1.2 (Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-42-3.5-1.2 (2026).

Text

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(b) or IC 35-42-4-4(c) (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

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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(b) or IC 35-42-4-4(c) (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. It is a defense to a prosecution under this subsection if:
(1) the child is at least fourteen (14) years of age but less than
sixteen (16) years of age and the person is less than eighteen (18)
years of age; or
(2) all the following apply:
(A) The person is not more than four (4) years older than the
victim.
(B) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The
term "ongoing personal relationship" does not include a family
relationship.
(C) The crime:
(i) was not committed by a person who is at least twenty-one
(21) years of age;
(ii) was not committed by using or threatening the use of
deadly force;
(iii) was not committed while armed with a deadly weapon;
(iv) did not result in serious bodily injury;
(v) was not 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; and
(vi) was not committed by a person having a position of
authority or substantial influence over the victim.
(D) The person has not committed another sex offense (as
defined in IC 11-8-8-5.2), including a delinquent act that would
be a sex offense if committed by an adult, against any other
person.
(E) The person is not promoting prostitution (as defined in IC 35-45-4-4) with respect to the victim even though the person
has not been charged with or convicted of the offense.