CHAPTER 4. INDECENT ACTS AND PROSTITUTION
IC 35-45-4
Chapter 4. Indecent Acts and Prostitution
IC 35-45-4-1
Public indecency
Sec. 1. (a) A person who knowingly or intentionally, in a public
place:
(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct;
(3) appears in a state of nudity with the intent to arouse the
sexual desires of the person or another person; or
(4) fondles the person's genitals or the genitals of another
person;
commits public indecency, a Class A misdemeanor.
(b) A person at least eighteen (18) years of age who knowingly or
intentionally, in a public place, appears in a state of nudity with the
intent to be seen by a child less than sixteen (16) years of age
commits public indecency, a Class A misdemeanor.
(c) However, the offense under subsection (a) or subsection (b) is
a Class D felony if the person who commits the offense has a prior
unrelated conviction:
(1) under subsection (a) or (b); or
(2) in another jurisdiction, including a military court, that is
substantially equivalent to an offense described in subsection
(a) or (b).
(d) As used in this section, "nudity" means the showing of the
human male or female genitals, pubic area, or buttocks with less than
a fully opaque covering, the showing of the female breast with less
than a fully opaque covering of any part of the nipple, or the showing
of covered male genitals in a discernibly turgid state.
(e) A person who, in a place other than a public place, with the
intent to be seen by persons other than invitees and occupants of that
place:
(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct;
(3) fondles the person's genitals or the genitals of another
person; or
(4) appears in a state of nudity;
where the person can be seen by persons other than invitees and
occupants of that place commits indecent exposure, a Class C
misdemeanor.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.76; P.L.189-1984, SEC.1; P.L.215-1997, SEC.1;
P.L.121-2000, SEC.1; P.L.123-2003, SEC.2.
IC 35-45-4-1.5
Public nudity
Sec. 1.5. (a) As used in this section, "nudity" has the meaning set
forth in section 1(d) of this chapter.
(b) A person who knowingly or intentionally appears in a public
place in a state of nudity commits public nudity, a Class C
misdemeanor.
(c) A person who knowingly or intentionally appears in a public
place in a state of nudity with the intent to be seen by another person
commits a Class B misdemeanor. However, the offense is a Class D
felony if the person has a prior unrelated conviction under this
subsection or under subsection (d).
(d) A person who knowingly or intentionally appears in a state of
nudity:
(1) in or on school grounds;
(2) in a public park; or
(3) with the intent to arouse the sexual desires of the person or
another person, in a department of natural resources owned or
managed property;
commits a Class A misdemeanor. However, the offense is a Class D
felony if the person has a prior unrelated conviction under this
subsection or under subsection (c).
As added by P.L.123-2003, SEC.3.
IC 35-45-4-2
Prostitution
Sec. 2. A person who knowingly or intentionally:
(1) performs, or offers or agrees to perform, sexual intercourse
or deviate sexual conduct; or
(2) fondles, or offers or agrees to fondle, the genitals of another
person;
for money or other property commits prostitution, a Class A
misdemeanor. However, the offense is a Class D felony if the person
has two (2) prior convictions under this section.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.77; Acts 1979, P.L.301, SEC.1; P.L.310-1983, SEC.3.
IC 35-45-4-3
Patronizing a prostitute
Sec. 3. A person who knowingly or intentionally pays, or offers
or agrees to pay, money or other property to another person:
(1) for having engaged in, or on the understanding that the other
person will engage in, sexual intercourse or deviate sexual
conduct with the person or with any other person; or
(2) for having fondled, or on the understanding that the other
person will fondle, the genitals of the person or any other
person;
commits patronizing a prostitute, a Class A misdemeanor. However,
the offense is a Class D felony if the person has two (2) prior
convictions under this section.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.78; Acts 1979, P.L.301, SEC.2; P.L.310-1983, SEC.4.
IC 35-45-4-4
Promoting prostitution
Sec. 4. A person who:
(1) knowingly or intentionally entices or compels another
person to become a prostitute;
(2) knowingly or intentionally procures, or offers or agrees to
procure, a person for another person for the purpose of
prostitution;
(3) having control over the use of a place, knowingly or
intentionally permits another person to use the place for
prostitution;
(4) receives money or other property from a prostitute, without
lawful consideration, knowing it was earned in whole or in part
from prostitution; or
(5) knowingly or intentionally conducts or directs another
person to a place for the purpose of prostitution;
commits promoting prostitution, a Class C felony. However, the
offense is a Class B felony under subdivision (1) if the person
enticed or compelled is under eighteen (18) years of age.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,
P.L.340, SEC.79; Acts 1978, P.L.148, SEC.6.
IC 35-45-4-5
Voyeurism; "peep" defined
Sec. 5. (a) A person:
(1) who:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person; or
(2) who peeps into an area where an occupant of the area
reasonably can be expected to disrobe, including:
(A) restrooms;
(B) baths;
(C) showers; and
(D) dressing rooms;
without the consent of the other person, commits voyeurism, a Class
B misdemeanor.
(b) However, the offense under subsection (a) is a Class D felony
if:
(1) it is knowingly or intentionally committed by means of a
camera, a video camera, or any other type of video recording
device; or
(2) the person who commits the offense has a prior unrelated
conviction:
(A) under this section; or
(B) in another jurisdiction, including a military court, for an
offense that is substantially similar to an offense described
in this section.
(c) "Peep" means any looking of a clandestine, surreptitious,
prying, or secretive nature.
As added by P.L.311-1983, SEC.31. Amended by P.L.301-1995,
SEC.1; P.L.215-1997, SEC.2; P.L.7-2005, SEC.1.