CHAPTER 4. SEX CRIMES
IC 35-42-4
Chapter 4. Sex Crimes
IC 35-42-4-1
Rape
Sec. 1. (a) Except as provided in subsection (b), a person who
knowingly or intentionally has sexual intercourse with a member of
the opposite sex when:
(1) the other person is compelled by force or imminent threat of
force;
(2) the other person is unaware that the sexual intercourse is
occurring; or
(3) the other person is so mentally disabled or deficient that
consent to sexual intercourse cannot be given;
commits rape, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadly
force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to a person other than a
defendant; or
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,
P.L.340, SEC.36; P.L.320-1983, SEC.23; P.L.16-1984, SEC.19;
P.L.297-1989, SEC.1; P.L.31-1998, SEC.3.
IC 35-42-4-2
Criminal deviate conduct
Sec. 2. (a) A person who knowingly or intentionally causes
another person to perform or submit to deviate sexual conduct when:
(1) the other person is compelled by force or imminent threat of
force;
(2) the other person is unaware that the conduct is occurring; or
(3) the other person is so mentally disabled or deficient that
consent to the conduct cannot be given;
commits criminal deviate conduct, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadly
force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to any person other than a
defendant; or
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,
P.L.340, SEC.37; P.L.320-1983, SEC.24; P.L.183-1984, SEC.3;
P.L.31-1998, SEC.4.
IC 35-42-4-3
Child molesting
Sec. 3. (a) A person who, with a child under fourteen (14) years
of age, performs or submits to sexual intercourse or deviate sexual
conduct commits child molesting, a Class B felony. However, the
offense is a Class A felony if:
(1) it is committed by a person at least twenty-one (21) years of
age;
(2) it is committed by using or threatening the use of deadly
force or while armed with a deadly weapon;
(3) it results in serious bodily injury; or
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(b) A person who, with a child under fourteen (14) years of age,
performs or submits to any fondling or touching, of either the child
or the older person, with intent to arouse or to satisfy the sexual
desires of either the child or the older person, commits child
molesting, a Class C felony. However, the offense is a Class A
felony if:
(1) it is committed by using or threatening the use of deadly
force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that
the child was sixteen (16) years of age or older at the time of the
conduct, unless:
(1) the offense is committed by using or threatening the use of
deadly force or while armed with a deadly weapon;
(2) the offense results in serious bodily injury; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,
P.L.340, SEC.38; Acts 1978, P.L.82, SEC.2; Acts 1981, P.L.301,
SEC.1; P.L.79-1994, SEC.12; P.L.33-1996, SEC.8; P.L.216-1996,
SEC.18; P.L.31-1998, SEC.5; P.L.216-2007, SEC.42.
IC 35-42-4-4
Child exploitation; possession of child pornography; violation
classification; exemption; definitions
Sec. 4. (a) As used in this section:
"Disseminate" means to transfer possession for free or for a
consideration.
"Matter" has the same meaning as in IC 35-49-1-3.
"Performance" has the same meaning as in IC 35-49-1-7.
"Sexual conduct" means sexual intercourse, deviate sexual
conduct, exhibition of the uncovered genitals intended to satisfy or
arouse the sexual desires of any person, sadomasochistic abuse,
sexual intercourse or deviate sexual conduct with an animal, or any
fondling or touching of a child by another person or of another
person by a child intended to arouse or satisfy the sexual desires of
either the child or the other person.
(b) A person who knowingly or intentionally:
(1) manages, produces, sponsors, presents, exhibits,
photographs, films, videotapes, or creates a digitized image of
any performance or incident that includes sexual conduct by a
child under eighteen (18) years of age;
(2) disseminates, exhibits to another person, offers to
disseminate or exhibit to another person, or sends or brings into
Indiana for dissemination or exhibition matter that depicts or
describes sexual conduct by a child under eighteen (18) years
of age; or
(3) makes available to another person a computer, knowing that
the computer's fixed drive or peripheral device contains matter
that depicts or describes sexual conduct by a child less than
eighteen (18) years of age;
commits child exploitation, a Class C felony.
(c) A person who knowingly or intentionally possesses:
(1) a picture;
(2) a drawing;
(3) a photograph;
(4) a negative image;
(5) undeveloped film;
(6) a motion picture;
(7) a videotape;
(8) a digitized image; or
(9) any pictorial representation;
that depicts or describes sexual conduct by a child who the person
knows is less than sixteen (16) years of age or who appears to be less
than sixteen (16) years of age, and that lacks serious literary, artistic,
political, or scientific value commits possession of child
pornography, a Class D felony.
(d) Subsections (b) and (c) do not apply to a bona fide school,
museum, or public library that qualifies for certain property tax
exemptions under IC 6-1.1-10, or to an employee of such a school,
museum, or public library acting within the scope of the employee's
employment when the possession of the listed materials is for
legitimate scientific or educational purposes.
As added by Acts 1978, P.L.148, SEC.5. Amended by P.L.325-1983,
SEC.1; P.L.206-1986, SEC.1; P.L.37-1990, SEC.25; P.L.59-1995,
SEC.3; P.L.216-1996, SEC.19; P.L.3-2002, SEC.2; P.L.216-2007,
SEC.43.
IC 35-42-4-5
Vicarious sexual gratification; sexual conduct in presence of a
minor
Sec. 5. (a) A person eighteen (18) years of age or older who
knowingly or intentionally directs, aids, induces, or causes a child
under the age of sixteen (16) to touch or fondle himself or another
child under the age of sixteen (16) with intent to arouse or satisfy the
sexual desires of a child or the older person commits vicarious sexual
gratification, a Class D felony. However, the offense is:
(1) a Class C felony if a child involved in the offense is under
the age of fourteen (14);
(2) a Class B felony if:
(A) the offense is committed by using or threatening the use
of deadly force or while armed with a deadly weapon; or
(B) the commission of the offense is facilitated by furnishing
the victim, without the victim's knowledge, with a drug (as
defined in IC 16-42-19-2(1)) or a controlled substance (as
defined in IC 35-48-1-9) or knowing that the victim was
furnished with the drug or controlled substance without the
victim's knowledge; and
(3) a Class A felony if it results in serious bodily injury.
(b) A person eighteen (18) years of age or older who knowingly
or intentionally directs, aids, induces, or causes a child under the age
of sixteen (16) to:
(1) engage in sexual intercourse with another child under
sixteen (16) years of age;
(2) engage in sexual conduct with an animal other than a human
being; or
(3) engage in deviate sexual conduct with another person;
with intent to arouse or satisfy the sexual desires of a child or the
older person commits vicarious sexual gratification, a Class C felony.
However, the offense is a Class B felony if any child involved in the
offense is less than fourteen (14) years of age, and it is a Class A
felony if the offense is committed by using or threatening the use of
deadly force, if it is committed while armed with a deadly weapon,
if it results in serious bodily injury, or if the commission of the
offense is facilitated by furnishing the victim, without the victim's
knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a
controlled substance (as defined in IC 35-48-1-9) or knowing that the
victim was furnished with the drug or controlled substance without
the victim's knowledge.
(c) A person eighteen (18) years of age or older who knowingly
or intentionally:
(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct; or
(3) touches or fondles the person's own body;
in the presence of a child less than fourteen (14) years of age with the
intent to arouse or satisfy the sexual desires of the child or the older
person commits performing sexual conduct in the presence of a
minor, a Class D felony.
As added by P.L.183-1984, SEC.4. Amended by P.L.79-1994,
SEC.13; P.L.31-1998, SEC.6; P.L.118-2002, SEC.1; P.L.123-2003,
SEC.1.
IC 35-42-4-6
Child solicitation
Sec. 6. (a) As used in this section, "solicit" means to command,
authorize, urge, incite, request, or advise an individual:
(1) in person;
(2) by telephone;
(3) in writing;
(4) by using a computer network (as defined in
IC 35-43-2-3(a));
(5) by advertisement of any kind; or
(6) by any other means;
to perform an act described in subsection (b) or (c).
(b) A person eighteen (18) years of age or older who knowingly
or intentionally solicits a child under fourteen (14) years of age, or
an individual the person believes to be a child under fourteen (14)
years of age, to engage in:
(1) sexual intercourse;
(2) deviate sexual conduct; or
(3) any fondling or touching intended to arouse or satisfy the
sexual desires of either the child or the older person;
commits child solicitation, a Class D felony. However, the offense
is a Class C felony if it is committed by using a computer network
(as defined in IC 35-43-2-3(a)), and a Class B felony if the person
commits the offense by using a computer network (as defined in
IC 35-43-2-3(a)) and has a previous unrelated conviction for
committing the offense by using a computer network (as defined in
IC 35-43-2-3(a)).
(c) A person at least twenty-one (21) years of age who knowingly
or intentionally solicits a child at least fourteen (14) years of age but
less than sixteen (16) years of age, or an individual the person
believes to be a child at least fourteen (14) years of age but less than
sixteen (16) years of age, to engage in:
(1) sexual intercourse;
(2) deviate sexual conduct; or
(3) any fondling or touching intended to arouse or satisfy the
sexual desires of either the child or the older person;
commits child solicitation, a Class D felony. However, the offense
is a Class C felony if it is committed by using a computer network
(as defined in IC 35-43-2-3(a)), and a Class B felony if the person
commits the offense by using a computer network (as defined in
IC 35-43-2-3(a)) and has a previous unrelated conviction for
committing the offense by using a computer network (as defined in
IC 35-43-2-3(a)).
(d) In a prosecution under this section, including a prosecution for
attempted solicitation, the state is not required to prove that the
person solicited the child to engage in an act described in subsection
(b) or (c) at some immediate time.
As added by P.L.183-1984, SEC.5. Amended by P.L.11-1994,
SEC.16; P.L.79-1994, SEC.14; P.L.216-1996, SEC.20;
P.L.118-2002, SEC.2; P.L.124-2005, SEC.1; P.L.216-2007, SEC.44.
IC 35-42-4-7
Child seduction
Sec. 7. (a) As used in this section, "adoptive parent" has the
meaning set forth in IC 31-9-2-6.
(b) As used in this section, "adoptive grandparent" means the
parent of an adoptive parent.
(c) As used in this section, "charter school" has the meaning set
forth in IC 20-18-2-2.5.
(d) As used in this section, "child care worker" means a person
who:
(1) provides care, supervision, or instruction to a child within
the scope of the person's employment in a shelter care facility;
(2) is employed by a:
(A) school corporation;
(B) charter school;
(C) nonpublic school; or
(D) special education cooperative;
attended by a child who is the victim of a crime under this
chapter; or
(3) is:
(A) affiliated with a:
(i) school corporation;
(ii) charter school;
(iii) nonpublic school; or
(iv) special education cooperative;
attended by a child who is the victim of a crime under this
chapter, regardless of how or whether the person is
compensated;
(B) in a position of trust in relation to a child who attends
the school or cooperative;
(C) engaged in the provision of care or supervision to a child
who attends the school or cooperative; and
(D) at least four (4) years older than the child who is the
victim of a crime under this chapter.
The term does not include a student who attends the school or
cooperative.
(e) As used in this section, "custodian" means any person who
resides with a child and is responsible for the child's welfare.
(f) As used in this section, "military recruiter" means a member
of the armed forces of the United States (as defined in
IC 20-33-10-2) or the Indiana National Guard whose primary job
function, classification, or specialty is recruiting individuals to enlist
with the armed forces of the United States or the Indiana National
Guard.
(g) As used in this section, "nonpublic school" has the meaning
set forth in IC 20-18-2-12.
(h) As used in this section, "school corporation" has the meaning
set forth in IC 20-18-2-16.
(i) As used in this section, "special education cooperative" has the
meaning set forth in IC 20-35-5-1.
(j) As used in this section, "stepparent" means an individual who
is married to a child's custodial or noncustodial parent and is not the
child's adoptive parent.
(k) If a person who:
(1) is at least eighteen (18) years of age; and
(2) is:
(A) the:
(i) guardian, adoptive parent, adoptive grandparent,
custodian, or stepparent of; or
(ii) child care worker for; or
(B) a military recruiter who is attempting to enlist;
a child at least sixteen (16) years of age but less than eighteen
(18) years of age;
engages with the child in sexual intercourse, deviate sexual conduct
(as defined in IC 35-41-1-9), or any fondling or touching with the
intent to arouse or satisfy the sexual desires of either the child or the
adult, the person commits child seduction, a Class D felony.
As added by P.L.158-1987, SEC.4. Amended by P.L.1-1997,
SEC.148; P.L.71-1998, SEC.5; P.L.228-2001, SEC.5; P.L.161-2003,
SEC.10; P.L.1-2005, SEC.228; P.L.125-2009, SEC.7.
IC 35-42-4-8
Sexual battery
Sec. 8. (a) A person who, with intent to arouse or satisfy the
person's own sexual desires or the sexual desires of another person,
touches another person when that person is:
(1) compelled to submit to the touching by force or the
imminent threat of force; or
(2) so mentally disabled or deficient that consent to the
touching cannot be given;
commits sexual battery, a Class D felony.
(b) An offense described in subsection (a) is a Class C felony if:
(1) it is committed by using or threatening the use of deadly
force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
As added by P.L.322-1987, SEC.2. Amended by P.L.31-1998, SEC.7.
IC 35-42-4-9
Sexual misconduct with a minor
Sec. 9. (a) A person at least eighteen (18) years of age who, with
a child at least fourteen (14) years of age but less than sixteen (16)
years of age, performs or submits to sexual intercourse or deviate
sexual conduct commits sexual misconduct with a minor, a Class C
felony. However, the offense is:
(1) a Class B felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Class A felony if it is committed by using or threatening
the use of deadly force, if it is committed while armed with a
deadly weapon, if it results in serious bodily injury, or if the
commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(b) A person at least eighteen (18) years of age who, with a child
at least fourteen (14) years of age but less than sixteen (16) years of
age, performs or submits to any fondling or touching, of either the
child or the older person, with intent to arouse or to satisfy the sexual
desires of either the child or the older person, commits sexual
misconduct with a minor, a Class D felony. However, the offense is:
(1) a Class C felony if it is committed by a person at least
twenty-one (21) years of age; and
(2) a Class B felony if it is committed by using or threatening
the use of deadly force, while armed with a deadly weapon, or
if the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that
the child was at least sixteen (16) years of age at the time of the
conduct. However, this subsection does not apply to an offense
described in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married.
However, this subsection does not apply to an offense described in
subsection (a)(2) or (b)(2).
(e) It is a defense to a prosecution under this section if all the
following apply:
(1) The person is not more than four (4) years older than the
victim.
(2) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The
term "ongoing personal relationship" does not include a family
relationship.
(3) The crime:
(A) was not committed by a person who is at least
twenty-one (21) years of age;
(B) was not committed by using or threatening the use of
deadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not facilitated by furnishing the victim, without the
victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with
the drug or controlled substance without the victim's
knowledge; and
(F) was not committed by a person having a position of
authority or substantial influence over the victim.
(4) The person has not committed another sex offense (as
defined in IC 11-8-8-5.2) (including a delinquent act that would
be a sex offense if committed by an adult) against any other
person.
As added by P.L.79-1994, SEC.15. Amended by P.L.33-1996, SEC.9;
P.L.216-1996, SEC.21; P.L.31-1998, SEC.8; P.L.266-2003, SEC.1;
P.L.216-2007, SEC.45.
IC 35-42-4-10
Unlawful employment near children
Sec. 10. (a) As used in this section, "offender against children"
means a person who is an offender against children under
IC 35-42-4-11.
(b) As used in this section, "sexually violent predator" means a
person who is a sexually violent predator under IC 35-38-1-7.5.
(c) A sexually violent predator or an offender against children
who knowingly or intentionally works for compensation or as a
volunteer:
(1) on school property;
(2) at a youth program center; or
(3) at a public park;
commits unlawful employment near children by a sexual predator, a
Class D felony. However, the offense is a Class C felony if the
person has a prior unrelated conviction based on the person's failure
to comply with any requirement imposed on an offender under
IC 11-8-8.
As added by P.L.6-2006, SEC.3; P.L.140-2006, SEC.31 and
P.L.173-2006, SEC.31. Amended by P.L.1-2007, SEC.231;
P.L.216-2007, SEC.46.
IC 35-42-4-11
Sex offender residency restrictions
Sec. 11. (a) As used in this section, and except as provided in
subsection (d), "offender against children" means a person required
to register as a sex or violent offender under IC 11-8-8 who has been:
(1) found to be a sexually violent predator under
IC 35-38-1-7.5; or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b)).
(C) Child solicitation (IC 35-42-4-6).
(D) Child seduction (IC 35-42-4-7).
(E) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age and the person is not the child's
parent or guardian.
(F) Attempt to commit or conspiracy to commit an offense
listed in clauses (A) through (E).
(G) An offense in another jurisdiction that is substantially
similar to an offense described in clauses (A) through (F).
A person is an offender against children by operation of law if the
person meets the conditions described in subdivision (1) or (2) at any
time.
(b) As used in this section, "reside" means to spend more than
three (3) nights in:
(1) a residence; or
(2) if the person does not reside in a residence, a particular
location;
in any thirty (30) day period.
(c) An offender against children who knowingly or intentionally:
(1) resides within one thousand (1,000) feet of:
(A) school property, not including property of an institution
providing post-secondary education;
(B) a youth program center; or
(C) a public park; or
(2) establishes a residence within one (1) mile of the residence
of the victim of the offender's sex offense;
commits a sex offender residency offense, a Class D felony.
(d) This subsection does not apply to an offender against children
who has two (2) or more unrelated convictions for an offense
described in subsection (a). A person who is an offender against
children may petition the court to consider whether the person should
no longer be considered an offender against children. The person
may file a petition under this subsection not earlier than ten (10)
years after the person is released from incarceration, probation, or
parole, whichever occurs last. A person may file a petition under this
subsection not more than one (1) time per year. A court may dismiss
a petition filed under this subsection or conduct a hearing to
determine if the person should no longer be considered an offender
against children. If the court conducts a hearing, the court shall
appoint two (2) psychologists or psychiatrists who have expertise in
criminal behavioral disorders to evaluate the person and testify at the
hearing. After conducting the hearing and considering the testimony
of the two (2) psychologists or psychiatrists, the court shall
determine whether the person should no longer be considered an
offender against children. If a court finds that the person should no
longer be considered an offender against children, the court shall
send notice to the department of correction that the person is no
longer considered an offender against children.
As added by P.L.6-2006, SEC.8. Amended by P.L.140-2006, SEC.32
and P.L.173-2006, SEC.32; P.L.216-2007, SEC.47.
IC 35-42-4-12
Sex offender internet offense
Sec. 12. (a) This section does not apply to a person to whom all
of the following apply:
(1) The person is not more than:
(A) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(B) five (5) years older than the victim if the offense was
committed before July 1, 2007.
(2) The relationship between the person and the victim was a
dating relationship or an ongoing personal relationship. The
term "ongoing personal relationship" does not include a family
relationship.
(3) The crime:
(A) was not committed by a person who is at least
twenty-one (21) years of age;
(B) was not committed by using or threatening the use of
deadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not facilitated by furnishing the victim, without the
victim's knowledge, with a drug (as defined in
IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with
the drug or controlled substance without the victim's
knowledge; and
(F) was not committed by a person having a position of
authority or substantial influence over the victim.
(b) This section applies only to a person required to register as a
sex or violent offender under IC 11-8-8 who has been:
(1) found to be a sexually violent predator under
IC 35-38-1-7.5; or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b)).
(C) Possession of child pornography (IC 35-42-4-4(c)).
(D) Vicarious sexual gratification (IC 35-42-4-5(a) or
IC 35-42-4-5(b)).
(E) Sexual conduct in the presence of a minor (IC
35-42-4-5(c)).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Kidnapping (IC 35-42-3-2), if the victim is less than
eighteen (18) years of age and the person is not the child's
parent or guardian.
(I) Attempt to commit or conspiracy to commit an offense
listed in clauses (A) through (H).
(J) An offense in another jurisdiction that is substantially
similar to an offense described in clauses (A) through (H).
(c) As used in this section, "instant messaging or chat room
program" means a software program that requires a person to register
or create an account, a username, or a password to become a member
or registered user of the program and allows two (2) or more
members or authorized users to communicate over the Internet in real
time using typed text. The term does not include an electronic mail
program or message board program.
(d) As used in this section, "social networking web site" means an
Internet web site that:
(1) facilitates the social introduction between two (2) or more
persons;
(2) requires a person to register or create an account, a
username, or a password to become a member of the web site
and to communicate with other members;
(3) allows a member to create a web page or a personal profile;
and
(4) provides a member with the opportunity to communicate
with another person.
The term does not include an electronic mail program or message
board program.
(e) A person described in subsection (b) who knowingly or
intentionally uses:
(1) a social networking web site; or
(2) an instant messaging or chat room program;
that the offender knows allows a person who is less than eighteen
(18) years of age to access or use the web site or program commits
a sex offender Internet offense, a Class A misdemeanor. However,
the offense is a Class D felony if the person has a prior unrelated
conviction under this section.
(f) It is a defense to a prosecution under this section that the
person:
(1) did not know that the web site or program allowed a person
who is less than eighteen (18) years of age to access or use the
web site or program; and
(2) upon discovering that the web site or program allows a
person who is less than eighteen (18) years of age to access or
use the web site or program, immediately ceased further use or
access of the web site or program.
As added by P.L.119-2008, SEC.18.
IC 35-42-4-13
Inappropriate communication with a child
Sec. 13. (a) This section does not apply to the following:
(1) A parent, guardian, or custodian of a child.
(2) A person who acts with the permission of a child's parent,
guardian, or custodian.
(3) A person to whom a child makes a report of abuse or
neglect.
(4) A person to whom a child reports medical symptoms that
relate to or may relate to sexual activity.
(b) As used in this section, "sexual activity" means sexual
intercourse, deviate sexual conduct, or the fondling or touching of
the buttocks, genitals, or female breasts.
(c) A person at least twenty-one (21) years of age who knowingly
or intentionally communicates with an individual whom the person
believes to be a child less than fourteen (14) years of age concerning
sexual activity with the intent to gratify the sexual desires of the
person or the individual commits inappropriate communication with
a child, a Class B misdemeanor. However, the offense is a Class A
misdemeanor if the person commits the offense by using a computer
network (as defined in IC 35-43-2-3(a)).
As added by P.L.119-2008, SEC.19.