§ 35-42-4-9 — Sexual misconduct with a minor

(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.
(b) A person at least eighteen (18) years of age who knowingly or
intentionally performs or submits to any fondling or touching with a
child less than sixteen (16) years of age with intent to arouse or to
satisfy the sexual desires of either the child or the older person,
commits sexual misconduct with a minor, a Level 6 felony. However,
the offense is:
(1) a Level 5 felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Level 2 felony if it is committed by using or threatening the
use of deadly force, while armed with a deadly weapon, 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) It is a defense that the accused person reasonably believed that
the child was at least sixteen (16) years of age at the time of the
conduct. However, this subsection does not apply to an offense
described in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married.
However, this subsection does not apply to an offense described in
subsection (a)(2) or (b)(2).
(e) It is a defense to a prosecution under this section if all the
following apply:
(1) The person is not more than four (4) years older than the
victim.
(2) 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.
(3) The crime:
(A) was not committed by a person who is at least twenty-one
(21) years of age;
(B) was not committed by using or threatening the use of deadly
force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) 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
(F) was not committed by a person having a position of
authority or substantial influence over the victim.
(4) 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.
(5) 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.

Legislative History

As added by P.L.79-1994, SEC.15. Amended by P.L.33-1996, SEC.9; P.L.216-1996, SEC.21; P.L.31-1998, SEC.8; P.L.266-2003, SEC.1; P.L.216-2007, SEC.45; P.L.158-2013, SEC.445; P.L.144-2018, SEC.28; P.L.40-2019, SEC.13; P.L.186-2025, SEC.238.