§ 35-42-4-7 — Child seduction

(a) As used in this section, "adoptive parent"
has the meaning set forth in IC 31-9-2-6.
(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) years older than the child who is the victim
of a crime under this chapter.
The term does not include a student who attends the school or
cooperative.
(e) As used in this section, "coach" means a person who:
(1) provides care, supervision, or instruction to a child within the
scope of the person's employment in a youth sports organization;
(2) is employed by a youth sports organization attended by a child
who is the victim of a crime under this chapter; or
(3) is:
(A) affiliated with a youth sports organization 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 participates
in the youth sports organization;
(C) engaged in the provision of care or supervision to a child
who participates in the youth sports organization; and
(D) at least four (4) years older than the child who is the victim
of a crime under this chapter.
This term includes a coach who is nonteaching or a volunteer.
(f) As used in this section, "custodian" means any person who
resides with a child and is responsible for the child's welfare.
(g) As used in this section, "mental health professional" means:
(1) a mental health counselor licensed under IC 25-23.6-8.5;
(2) a psychologist; or
(3) a psychiatrist.
(h) As used in this section, "military recruiter" means a member of:
(1) the United States Air Force;
(2) the United States Army;
(3) the United States Coast Guard;
(4) the United States Marine Corps;
(5) the United States Navy;
(6) the United States Space Force;
(7) any reserve components of the military forces listed in
subdivisions (1) through (5); or
(8) the Indiana National Guard;
whose primary job function, classification, or specialty is recruiting
individuals to enlist with an entity listed in subdivisions (1) through
(8).
(i) As used in this section, "nonpublic school" has the meaning set
forth in IC 20-18-2-12.
(j) For purposes of this section, a person has a "professional
relationship" with a child if:
(1) the person:
(A) has a license issued by the state or a political subdivision on
the basis of the person's training and experience that authorizes
the person to carry out a particular occupation; or
(B) is employed in a position in which counseling, supervising,
instructing, or recruiting children forms a significant part of the
employment; and
(2) the person has a relationship with a child that is based on the
person's employment or licensed status as described in
subdivision (1).
The term includes a relationship between a child and a mental health
professional or military recruiter. The term does not include a coworker
relationship between a child and a person described in subdivision
(1)(B).
(k) As used in this section, "school corporation" has the meaning set
forth in IC 20-18-2-16.
(l) As used in this section, "special education cooperative" has the
meaning set forth in IC 20-35-5-1.
(m) As used in this section, "stepparent" means an individual who
is married to a child's custodial or noncustodial parent and is not the
child's adoptive parent.
(n) As used in this section, "workplace supervisor" means an
individual who has authority over a child while the child is employed
at the child's place of employment. The term includes a person who is
responsible for determining the child's wages (including whether the
child will receive a raise) or who otherwise has the authority to take an
adverse employment action against the child.
(o) As used in this section, "youth sports organization" means an
athletic or recreational program that is organized for:
(1) competition against another team, club, or entity; or
(2) athletic instruction;
predominantly for children less than eighteen (18) years of age.
(p) If a person who:
(1) is at least eighteen (18) years of age; and
(2) is the:
(A) guardian, adoptive parent, adoptive grandparent, custodian,
or stepparent of;
(B) child care worker for; or
(C) coach of;
a child less than eighteen (18) years of age;
engages with the child in sexual intercourse, other sexual conduct (as
defined in IC 35-31.5-2-221.5), or any fondling or touching with the
intent to arouse or satisfy the sexual desires of either the child or the
adult, the person commits child seduction.
(q) A person who:
(1) has or had a professional relationship with a child less than
eighteen (18) years of age whom the person knows to be less than
eighteen (18) years of age;
(2) may exert undue influence on the child because of the person's
current or previous professional relationship with the child; and
(3) uses or exerts the person's professional relationship to engage
in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the child with
the intent to arouse or satisfy the sexual desires of the child or the
person;
commits child seduction.
(r) A law enforcement officer who:
(1) is at least four (4) years older than a child who is less than
eighteen (18) years of age;
(2) has contact with the child while acting within the scope of the
law enforcement officer's official duties with respect to the child;
and
(3) uses or exerts the law enforcement officer's professional
relationship with the child to engage with the child in:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5); or
(C) any fondling or touching with the child with the intent to
arouse or satisfy the sexual desires of the child or the law
enforcement officer;
commits child seduction.
(s) In determining whether a person used or exerted the person's
professional relationship with the child to engage in sexual intercourse,
other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
fondling or touching with the intent to arouse or satisfy the sexual
desires of the child or the person under this section, the trier of fact
may consider one (1) or more of the following:
(1) The age difference between the person and the child.
(2) Whether the person was in a position of trust with respect to
the child.
(3) Whether the person's conduct with the child violated any
ethical obligations of the person's profession or occupation.
(4) The authority that the person had over the child.
(5) Whether the person exploited any particular vulnerability of
the child.
(6) Any other evidence relevant to the person's ability to exert
undue influence over the child.
(t) This subsection does not apply to a workplace supervisor who
had a dating relationship with the child before the child was employed
at the place of employment. A workplace supervisor who:
(1) is at least four (4) years older than a child who is less than
eighteen (18) years of age;
(2) supervises the child at the child's place of employment; and
(3) uses or exerts the workplace supervisor's supervisory
relationship with the child to engage with the child in:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5); or
(C) any fondling or touching with the child with the intent to
arouse or satisfy the sexual desires of the child or the workplace
supervisor;
commits child seduction.
(u) In determining whether a workplace supervisor used or exerted
the workplace supervisor's relationship with the child to engage in
sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the intent to arouse
or satisfy the sexual desires of the child or the workplace supervisor,
the trier of fact may consider one (1) or more of the following:
(1) The age difference between the workplace supervisor and the
child.
(2) Whether the workplace supervisor was in a position of trust
with respect to the child.
(3) Whether the workplace supervisor suggested to the child that
engaging or not engaging in sexual activity with the workplace
supervisor would or could affect the child at the child's place of
employment.
(4) The authority that the workplace supervisor had over the child.
(5) Whether the workplace supervisor exploited any particular
vulnerability of the child.
(6) Any other evidence relevant to the workplace supervisor's
ability to exert undue influence over the child.
(v) Child seduction under this section is:
(1) a Level 6 felony if the child is at least sixteen (16) years of age
but less than eighteen (18) years of age and the person or law
enforcement officer engaged in any fondling or touching with the
intent to arouse or satisfy the sexual desires of:
(A) the child; or
(B) the person or law enforcement officer;
(2) a Level 5 felony if the child is at least sixteen (16) years of age
but less than eighteen (18) years of age and the person or law
enforcement officer engaged in sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) with the child;
(3) a Level 5 felony if the child is at least fourteen (14) years of
age but less than sixteen (16) years of age and the person or law
enforcement officer engaged in any fondling or touching with the
intent to arouse or satisfy the sexual desires of:
(A) the child; or
(B) the person or law enforcement officer;
(4) a Level 4 felony if the child is at least fourteen (14) years of
age but less than sixteen (16) years of age and the person or law
enforcement officer engaged in sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) with the child;
(5) a Level 3 felony if the child is thirteen (13) years of age or
under and the person or law enforcement officer engaged in any
fondling or touching with the intent to arouse or satisfy the sexual
desires of:
(A) the child; or
(B) the person or law enforcement officer; and
(6) a Level 2 felony if the child is thirteen (13) years of age or
under and the person or law enforcement officer engaged in
sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the child.

Legislative History

As added by P.L.158-1987, SEC.4. Amended by P.L.1-1997, SEC.148; P.L.71-1998, SEC.5; P.L.228-2001, SEC.5; P.L.161-2003, SEC.10; P.L.1-2005, SEC.228; P.L.125-2009, SEC.7; P.L.114-2012, SEC.138; P.L.208-2013, SEC.8; P.L.158-2013, SEC.443; P.L.168-2014, SEC.71; P.L.226-2014(ts), SEC.5; P.L.233-2015, SEC.324; P.L.40-2019, SEC.12; P.L.133-2023, SEC.13; P.L.238-2025, SEC.87.