§ 35-42-4-3 — Child molesting

Indiana § 35-42-4-3

• Jurisdiction: Indiana
• Art. 42: OFFENSES AGAINST THE PERSON
• Ch. 4: Sex Crimes

Text

(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.
(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 Level
4 felony. However, the offense is a Level 2 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 35-48-1.1-7) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(c) A person may be convicted of attempted child molesting of an
individual at least fourteen (14) years of age if the person believed the
individual to be a child under fourteen (14) years of age at the time the
person attempted to commit the offense.
(d) It is a defense to a prosecution under this section that the
accused person reasonably believed that the child was sixteen (16)
years of age or older at the time of the conduct, unless:
(1) the offense is committed by using or threatening the use of
deadly force or while armed with a deadly weapon;
(2) the offense results in serious bodily injury; 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 35-48-1.1-7) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(e) 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.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts
1977, P.L.340, SEC.38; Acts 1978, P.L.82, SEC.2; Acts 1981, P.L.301,
SEC.1; P.L.79-1994, SEC.12; P.L.33-1996, SEC.8; P.L.216-1996,
SEC.18; P.L.31-1998, SEC.5; P.L.216-2007, SEC.42; P.L.158-2013,
SEC.439; P.L.247-2013, SEC.6; P.L.168-2014, SEC.68; P.L.187-2015,
SEC.48; P.L.190-2021, SEC.12; P.L.78-2022, SEC.9; P.L.186-2025,
SEC.235.