§ 35-42-4-5 — Vicarious sexual gratification; sexual conduct in presence of a minor

(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.
(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 other sexual conduct (as defined in IC 35-31.5-2-221.5) with another person;
with intent to arouse or satisfy the sexual desires of a child or the older
person commits vicarious sexual gratification, a Level 4 felony.
However, the offense is a Level 3 felony if any child involved in the
offense is less than fourteen (14) years of age, and the offense is a
Level 2 felony if the offense is committed by using or threatening the
use of deadly force, if the offense is committed while armed with a
deadly weapon, if the offense 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.
(c) A person eighteen (18) years of age or older who knowingly or
intentionally:
(1) engages in sexual intercourse;
(2) engages in other sexual conduct (as defined in IC 35-31.5-2-221.5); 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 Level 6 felony.

Legislative History

As added by P.L.183-1984, SEC.4. Amended by P.L.79-1994, SEC.13; P.L.31-1998, SEC.6; P.L.118-2002, SEC.1; P.L.123-2003, SEC.1; P.L.158-2013, SEC.441; P.L.186-2025, SEC.236.