Indiana Age of Consent Laws (Indiana Code 35-42-4-9)
Engaging in sexual activity with a minor under the lawful age of consent can result in criminal charges of sexual misconduct with a minor. This crime is serious and carries stiff penalties. Prosecutors often file these charges to protect the innocence of vulnerable members of society. A conviction can mean years behind bars and an unwanted status as a registered sex offender.
What Is Consent in a Sex Crimes Case?
Sexual consent is voluntarily agreeing to engage in sexual activity. Sexual consent may be express, such as when a person says “yes,” or it can be implied from their actions. It is voluntary when a person gives it without coercion, force, or intimidation. Consent can be withdrawn at any point during the sexual activity. If a person continues sexual contact after the other person no longer consents, they are committing a crime. Even if two people have had sex in the past, the other can freely refuse. If the remaining partner does not respect this and continues a sexual act, they are committing a crime.
In some cases, consent is not possible to obtain because the law does not recognize a person’s ability to give it. For example, minors under a certain age are believed not to have the requisite capacity to give consent to sexual activity. Likewise, people who are mentally incapacitated cannot give consent, even if they say yes, because they are not capable of making that choice. A person can also lack capacity to have consensual sex if they are under the influence of drugs or alcohol. Note that if you have been accused of a sex crime, contact our Indianapolis sex crime lawyer at The Criminal Defense Team of Baldwin, Perry and & Wiley, P.C. today.
What Is the Age of Consent in Indiana?
States have different laws that specify when a minor can lawfully consent to sexual activity. Under Indiana Code 35-42-4-9, the age of consent is 16 here. Even if a person under the age of 16 says “yes” to sexual activity, engaging in it with them can be a crime.
What Is Sexual Misconduct with a Minor?
Age of consent is a legal principle that arises in certain sex crimes cases, such as sexual misconduct with a minor. Under this law, it is illegal for a person at least 18 years of age to knowingly or intentionally perform or submit to sexual intercourse or other sexual conduct with a person under the age of 16. The base level for this offense is a Level 5 felony, but it can be charged as a Level 1 felony under certain circumstances. If the alleged offender intentionally performs or submits to fondling or touching with a child under the age of consent, it is a Level 6 felony. The prosecutor can charge the offense as a Level 2 felony when certain circumstances are present.
Notably, there is a defense when there is less than a four-year age difference between the alleged victim and offender, known as a Romeo and Juliet law.
Potential penalties for violating this law include years of imprisonment, fines up to $10,000, and required registration as a sex offender.
Contact Our Board-Certified Criminal Defense Attorneys for a Free, No-Obligation Consultation
If you are facing allegations of sexual misconduct with a minor, contact the experienced criminal defense attorneys in Indianapolis from The Criminal Defense Team. Let our knowledgeable attorneys mount a strong defense on your behalf. Schedule a free consultation by calling (317) 678-9853.