Indiana § 35-44.1-3-10 Sexual misconduct with a service provider

Indiana Statutes

§ 35-44.1-3-10 — Sexual misconduct with a service provider

Indiana § 35-44.1-3-10

Art. 44.1OFFENSES AGAINST GENERAL PUBLIC

Ch. 3Detention

This text of Indiana § 35-44.1-3-10 (Sexual misconduct with a service provider) 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 § 35-44.1-3-10 (2026).

Text

(a)The following definitions apply throughout this section:

(1)"Lawful supervision" means supervision by:

(A)the department of correction;

(B)a court;

(C)a probation department;

(D)a community corrections program, a community transition program, or another similar program; or

(E)parole.

(2)"Service provider" means:

(A)with respect to a person subject to lawful detention:

(i)a public servant;

(ii)a person employed by a governmental entity; or

(iii)a person who provides goods or services to a person who is subject to lawful detention; and

(B)with respect to a person subject to lawful supervision:

(i)a public servant whose official duties include the supervision of the person subject to lawful supervision;

(ii)a person employed by a governmental entity to provide supervision fo

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(a) The following definitions apply
throughout this section:
(1) "Lawful supervision" means supervision by:
(A) the department of correction;
(B) a court;
(C) a probation department;
(D) a community corrections program, a community transition
program, or another similar program; or
(E) parole.
(2) "Service provider" means:
(A) with respect to a person subject to lawful detention:
(i) a public servant;
(ii) a person employed by a governmental entity; or
(iii) a person who provides goods or services to a person who
is subject to lawful detention; and
(B) with respect to a person subject to lawful supervision:
(i) a public servant whose official duties include the
supervision of the person subject to lawful supervision;
(ii) a person employed by a governmental entity to provide
supervision for the person subject to lawful supervision; or
(iii) a person who is employed by or contracts with a
governmental entity to provide treatment or other services to
the person subject to lawful supervision as a condition of the
person's lawful supervision.
(b) A service provider who knowingly or intentionally engages in
any fondling or touching with a person who is subject to lawful
detention or lawful supervision with the intent to arouse or satisfy the
sexual desires of the service provider or the person commits sexual
misconduct, a Level 6 felony. However, the offense is a Level 5 felony
if the service provider engages in sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) with the person who is
subject to lawful detention or lawful supervision.
(c) A service provider at least eighteen (18) years of age who
knowingly or intentionally engages in any fondling or touching with the
intent to arouse or satisfy the sexual desires of the service provider or
the other person, with a person who is:
(1) less than eighteen (18) years of age; and
(2) subject to lawful detention or lawful supervision;
commits sexual misconduct, a Level 5 felony. However, the offense is
a Level 4 felony if the service provider engages in sexual intercourse
or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the
person.
(d) 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.
(e) It is not a defense that an act described in subsection (b) or (c)
was consensual.
(f) This section does not apply to fondling, touching, sexual
intercourse, or other sexual conduct (as defined in IC 35-31.5-2-221.5)
between spouses.

Legislative History

As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013, SEC.516; P.L.185-2014, SEC.6; P.L.78-2022, SEC.10; P.L.11-2023, SEC.113; P.L.209-2023, SEC.4.