Indiana criminal charge
Prostitution in Indiana
Prostitution is a criminal offense under Indiana law, defined by Ind. Code § 35-45-4-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-45-4-2.
What is the penalty for prostitution in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Prostitution — base offense — A person at least eighteen years of age who knowingly or intentionally performs, offers, or agrees to perform sexual intercourse or other sexual conduct, or fondles or offers/agrees to fondle another's genitals, for money or other property commits prostitution.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Prostitution — base offense — A person at least eighteen years of age who knowingly or intentionally performs, offers, or agrees to perform sexual intercourse or other sexual conduct, or fondles or offers/agrees to fondle another's genitals, for money or other property commits prostitution.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Prostitution — with two prior convictions — The offense is elevated when the person has two prior convictions under this section.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Prostitution — with two prior convictions — The offense is elevated when the person has two prior convictions under this section.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is prostitution classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Prostitution — base offense | Class A Misdemeanor | A person at least eighteen years of age who knowingly or intentionally performs, offers, or agrees to perform sexual intercourse or other sexual conduct, or fondles or offers/agrees to fondle another's genitals, for money or other property commits prostitution. | Ind. Code § 35-45-4-2(a) |
| Prostitution — with two prior convictions | Level 6 Felony | The offense is elevated when the person has two prior convictions under this section. | Ind. Code § 35-45-4-2(a) |
Common questions about prostitution in Indiana
Is prostitution a felony or a misdemeanor in Indiana?
It depends on the circumstances: prostitution ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-45-4-2.
Prostitution — base offense: Class A Misdemeanor (Ind. Code § 35-45-4-2(a)) · Prostitution — with two prior convictions: Level 6 Felony (Ind. Code § 35-45-4-2(a))
What are the penalties for prostitution in Indiana?
Which Indiana statute covers prostitution?
Prostitution is governed by Ind. Code § 35-45-4-2 (Prostitution).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.