What Is Sexual Battery in Indiana?

Sexual battery is a serious criminal offense in Indiana. A conviction could result in years of imprisonment and the requirement to register as a sex offender. If you’re facing sexual battery charges, it’s essential you understand the nature of these charges, possible penalties, and how a criminal defense lawyer can help. The Criminal Defense Team of Baldwin Perry & Wiley PC fights to uphold the rights of the accused. Criminal law is our exclusive focus. Learn more about your legal rights and options when you call our Indianapolis criminal defense attorneys for a free case review. 

Indiana’s Criminal Code and Sexual Battery

Sexual battery is defined in Indiana’s criminal code as touching another person with the intent to arouse or satisfy their own or someone else’s sexual desires in any of the following conditions:

• By force or the imminent threat of force 
• Against someone who has a mental disability to the extent they cannot consent to the touching
• When the other person is unaware the touching is occurring

Penalties for Sexual Battery in Indiana 

Sexual battery is heavily penalized in Indiana. Possible penalties include:

• Imprisonment – This offense is classified as a Level 6 felony, which can be punished by up to two and a half years in prison. However, if the offense was committed by using or threatening the use of deadly force, while armed with a deadly weapon, was facilitated by giving the alleged victim a controlled substance without their knowledge, or when knowing the alleged victim had been given a controlled substance without their knowledge, it is a Level 4 felony. In these situations, the defendant can be sentenced to up to 12 years. 
• Fine – A conviction can also result in a fine of up to $10,000. 
• Sex offender registration – A conviction for sexual battery requires registration in Indiana as a sex offender, which limits where a person can live and spend time. 
• Permanent loss of gun rights – Indiana law requires those convicted of sexual battery to forfeit their gun rights permanently. 
• Bar to expungement – A sex offense conviction in Indiana generally prohibits expunging a criminal record. This means that a conviction can have a lifelong consequence.  

Statutes of Limitations for Sexual Battery in Indiana 

Indiana law establishes time limits around when a person can be charged with sexual battery after allegedly committing this offense. If the alleged victim is an adult, the prosecution must begin within five years. However, if the offense occurred under circumstances in which it can be charged as a Level 4 felony, the prosecution can commence the prosecution within one year after the state discovered DNA evidence or could have discovered evidence sufficient to charge the defendant through DNA analysis through the exercise of due diligence if the statute of limitations would have otherwise barred the prosecution. If the alleged victim is a child, the prosecution must begin within ten years after the offense was committed or within four years after the victim ceased to be a dependent of the defendant, whichever occurs later.

Call The Criminal Defense Team Today to Begin Building Your Case

If you are facing charges for sexual battery, The Criminal Defense Team of Baldwin Perry & Wiley P.C. can build a strong defense on your behalf. Call us at (317) 687-8326 for a free, no-obligation case review.