How old does someone have to be to have sex in Indiana?

Indiana's Law on Age of Consent

Age of Consent in Indiana: According to Indiana law, a charge of sexual misconduct involving a juvenile is a felony. A conviction might result in a lengthy prison sentence and significant fines. However, there is pending legislation to increase the age of consent to 18.

Additionally, it can cause permanent harm to your reputation and private life.

A sexual offense charge is a very serious matter, and you need knowledgeable, effective legal representation to help with your defense.

You should speak with a criminal defense attorney as soon as you can to plan your defense strategy. 

What Is the Age of Consent? 

The age of consent in Indiana is 16. In general, it is forbidden to engage in sexual activity with a person under the age of 16 if you are over 18. So, if you are under the age of 16 you cannot consent to sexual activity. However, Indiana has what’s been called The Romeo and Juliet Law. The General Assembly enacted Indiana Romeo and Juliet laws under Indiana Code 35-42-4-9(e) to prevent high school students from facing charges of a sex crime for engaging in sexual activity with their peers. For example, someone can have sex with a 14 or 15-year-old if the older person is close in age, or no more than 4 years older.

In some cases, it could still be illegal, even though the kid is older than the age of consent. However, not every sexual conduct between an adult and a minor constitutes statutory rape under Indiana’s age of consent laws.

The laws are intricate and rely on the facts of each case.

Consent: What Is It?

The laws of Indiana do not have an explicit definition of consent. Speaking about what does not constitute consent is actually easier.

If there is force or intimidation used throughout the interaction, there is no consent. Someone may not be able to give consent if they are too drunk or mentally ill.

You cannot infer consent from someone's behavior or attire. You cannot assume someone has given their consent simply because they have given their consent in the past or for other forms of sexual engagement.

Additionally, anyone's decision to give their consent is revocable. Freely given, explicit, and detailed consent is required. Basically, if you have any uncertainties, never presume consent.

A child under the age of 16 is not allowed to consent to sexual contact with an adult under Indiana law.

Statutory Rape: What Is It?

The statutory rape law covers a variety of various sex offenses. In Indiana, all offenses involving sexual contact with a minor are felonies. The most severe offenses and most severe punishments are level 1 felonies.

Other sex crimes involving minors in Indiana include: 

Child Molestation: When an adult has sex with a child under the age of 14. A Level 1, 2, 3, or 4 felony may apply.

Attempted Child Molestation: When an adult just assumes that the other person is under the age of 14. A Level 1, 2, 3, or 4 felony may apply.

Sexual Misconduct with a Child occurs when an adult has sex with someone under the age of 16. A Level 1, 2, 4, or 5 felony may apply.

Child Seduction: When an adult in a position of trust or authority has sex with a person under the age of 18. A Level 2, 3, 4, 5, or 6 felony may apply.

Vicarious Sexual Gratification: When an adult participates in activity of having the minor touch themselves or another minor for pleasure. A Level 2, 3, 4, or 5 felony may apply.

Child Solicitation is when an adult asks a minor under 14 to engage in sexual activity. A Level 4 or 5 felony may apply.

Child Exploitation encompasses situations where an adult is somehow connected to pornography involving a child under the age of 18. A Level 4 or 5 felony may apply.

Sexual Conduct in the Presence of a Minor: When an adult engages in sexual conduct in the presence of a minor under 14. It is a Level 6 felony.

It is crucial that you contact a skilled criminal attorney right away if you were accused of any of these crimes. They will pay attention to your side of the story and aid you in understanding your options and defenses.

What Penalties Apply if Indiana Consent Laws Are Broken?

Depending on the crime, felony convictions in Indiana carry a range of punishments. A defendant may face harsher punishments in the following situations:

• The minor is under 16 and the adult is over 21.
• The victim sustains major injuries
• Penetration occurs
• Use deadly force
• A deadly weapon is present
• The adult knows the victim is drugged

The various felonies and their potential sentence ranges are shown below. Additionally, each of them may result in a $10,000 penalties.

Level of felonies:

1: 20 to 40 years (except child molestation carries a sentence of 20 to 50 years),

2: 10 to 30 years,

3: 3 to 16 years,

4: 2 to 12 years,

5: 1 to 6 years, and

6: 6 months to 30 months. 

Additionally, a person who has been found guilty of a sexual offense must also register as a sex offender, which may make it difficult for them to get a job, receive financial aid, or find housing.

Do Statutory Rape Defenses Exist?

People who were in a relationship with someone while they were both minors are protected by the Romeo and Juliet defense. Its goal is to prevent young people from dating younger people after turning 18. Furthermore, the adult must be under the age of 21, cannot be more than four years older than the minor, and the relationship must have persisted over time.

• The adult must not have a prior sex offense
• Cannot be in a position of authority or trust over the minor
• Cannot promote the prostitution of the minor

If the adult had a good faith belief that the victim was of legal age of consent in Indiana, they might potentially have a defense.

How Can We Help You with Your Indiana Criminal Sex Charge?

The relationships we have with our clients are the most important thing to us at the Law Office of Mark Nicholson. Each client has a personal, one-on-one interaction with one of our attorneys since they are our only priority.

Our skilled, knowledgeable criminal defense attorneys are available to answer your inquiries and will personalize our approach to suit your particular need.

To arrange an initial appointment, call the Law Office of Mark Nicholson at 317-219-3402 or complete the online client  intake form on our website.