Sexual Battery in Indiana

admin • February 16, 2021

Being charged with Domestic Battery can be a result of various allegations or actions.  Almost any kind of unwanted sexual attention may result in a sexual assault charge, such as rape, sexual harassment, voyeurism, or exhibitionism.

Once you retain a criminal defense attorney for the sexual battery case, your conversations with the attorney are privileged and confidential.

The initial consultation can take place via video or in person. If a loved one is incarcerated for a sexual crime, criminal defense attorney Greg Spencer offers video or phone consults for inmates in most jails or prisons.

A range of punishment for a sex crime can range from a Level 6-Felony carries a sentence of six  months to two and a half  years. A Level 5-Felony carries a sentence of one  to six years. A Level 4-Felony carries a sentence of two to twelve years. A Level 3-Felony carries a sentence of three  to sixteen  years. A Level 2-Felony carries a sentence of ten  to thirty years. Finally, a Level 1- Felony carries a sentence of twenty  to forty years.

  • Level 3-Felony : A person who knowingly or intentionally has sex with a member of the opposite sex by (1) force or imminent threat thereof, (2) while the other person is unaware, and/or (3) the other person is disabled or has deficient mental capacity to consent.
  • Level 1-Felony : Same as above but (1) deadly force or threat thereof is used, (2) a deadly weapon is used, (3) serious bodily injury is involved, and/or (4) the victim was drugged and you supplied it or knew they were under the influence of it without consent.

CHILD MOLEST: IC 35-42-4-3

  • Sexual Intercourse and/or Deviate Sexual Conduct:
    • Level 3-Felony : A person performs sexual intercourse and/or deviate sexual conduct with a child under fourteen (14).
    • Level 1-Felony : Same as above, but: (1) the defendant was twenty-one (21), (2) deadly force is used or threatened, (3) it results in serious bodily injury, and/or (4) the victim was drugged and you supplied it or knew they were given it without consent.
  • Sexual Fondling and/or Touching:
    • Level 4-Felony : A person performs any fondling or touching of a child under fourteen (14) with the intent to arouse or to satisfy sexual desires of the child or themselves.
    • Level 1 – Felony : (1) deadly force or threat thereof is used, (2) a deadly weapon is used, and/or (3) the victim was drugged and you supplied it or knew they were under the influence of it without consent.
  • Defense IC 35-42-4-3 (d): it is a legal defense if the defendant believed that the victim was sixteen (16) at the time of the alleged molestation.

POSSESSION OF CHILD PORNOGRAPHY: IC 35-42-4-4

  • Creating Pornography:
    • Level 5-Felony:  Child Exploitation: A person who knowingly or intentionally: manages, produces, sponsors, photographs, videos, etc., images of sexual conduct involving a child under eighteen.
  • Disseminating:
    • Level 5-Felony:  Child Exploitation: A person who disseminates or offers to distribute sexual images of children under eighteen.
  • Possession:
    • Level 6-Felony : Other than for artistic reason, a person that possesses an image  of sexual conduct of a minor under sixteen.

CHILD SOLICITATION: IC 35-42-4-6

  • Definition: solicit means to “command, authorize, urge, incite, request, or advise an individual: – in person, – by telephone, – in writing, – by using a computer network, – by advertisement of any kind; or, – by any other means; to perform an act” of sexual intercourse, deviate sexual conduct, and/or sexual fondling/touching.
  • Children Under Fourteen, Defendant Eighteen or Older:
    • Level 5-Felony : a person who is at least eighteen  who knowingly or intentionally solicits a child under fourteen.
    • Level 4-Felony : same as above, but with a computer through a network
    • Level 4-Felony : same as above, but with a prior conviction for using this offense using a computer and network.
  • Children Between Fourteen and Sixteen, Defendant Twenty-One or Older:
    • Level 5-Felony : a person who is at least twenty-one  who knowingly or intentionally solicits a child at least fourteen  but less than sixteen.
    • Level 4-Felony : same as above, but with a computer through a network
    • Level 4-Felony : same as above, but with a prior conviction for using this offense using a computer and network.

SEXUAL BATTERY: IC 35-42-4-8

  • Level 6-Felony :
    • A person who intends to arouse their own sexual desires or that of another,
      • Touches another person, and that victim is (1) compelled to accept the touching by force or imminent force, and/or (2) is disabled or mentally deficient as to not be able to consent.
      • Touches another person’s genitals, pubic area, buttocks, and/or female breast when the person is unaware of said touching.
  • Level 4-Felony : Same as above but  deadly force or threat thereof is used, a deadly weapon is used, and/or the victim was drugged and you supplied it or knew they were under the influence of it without consent.

SEXUAL MISCONDUCT WITH A MINOR: IC 35-42-4-9

  • Sexual Intercourse and/or Deviate Sexual Conduct:
    • Level 5-Felony : a person at least eighteen  performs sexual intercourse or deviate sexual conduct with a child at least fourteen  but less than sixteen.
    • Level 4 – Felony : same as above by the defendant is at least twenty-one.
    • Level 1 – Felony : at least eighteen  and the person- uses deadly force or threat thereof, – causes serious bodily injury, and/or -the victim was drugged and you supplied it or knew they were under the influence of it without consent.
  • Sexual Touching and/or Fondling:
    • Level 6-Felony : a person at least eighteen  performs to sexual touching and/or fondling  with a child at least fourteen but less than sixteen.
    • Level 5 – Felony : same as above by the defendant is at least twenty-one.
    • Level 2 – Felony : at least eighteen  and the person  uses deadly force or threat thereof, causes serious bodily injury, and/or  the victim was drugged and you supplied it or knew they were under the influence of it without consent.
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