Indiana criminal charge
Rape; restitution in Indiana
Rape; restitution is a criminal offense under Indiana law, defined by Ind. Code § 35-42-4-1. 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 § 35-42-4-1.
What is the penalty for rape; restitution in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 16 years (Rape (base offense) — A person knowingly or intentionally has sexual intercourse or other sexual conduct with another person by force, on an unaware or mentally disabled/deficient victim, or while disregarding the victim's attempts to refuse.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Rape (base offense) — A person knowingly or intentionally has sexual intercourse or other sexual conduct with another person by force, on an unaware or mentally disabled/deficient victim, or while disregarding the victim's attempts to refuse.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 20 years to 40 years (Rape — aggravating circumstances — The offense described in subsection (a) is committed using or threatening deadly force, while armed with a deadly weapon, results in serious bodily injury to someone other than the defendant, or is facilitated by furnishing the victim with a drug or controlled substance without the victim's knowledge.; fixed term; advisory sentence 30 years; certain Level 1 felony child molesting offenses carry 20–50 years (IC 35-50-2-4(c))) | presumptive | Ind. Code § 35-50-2-4 |
| Fine | up to $10,000 (Rape — aggravating circumstances — The offense described in subsection (a) is committed using or threatening deadly force, while armed with a deadly weapon, results in serious bodily injury to someone other than the defendant, or is facilitated by furnishing the victim with a drug or controlled substance without the victim's knowledge.) | discretionary | Ind. Code § 35-50-2-4 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is rape; restitution classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Rape (base offense) | Level 3 Felony | A person knowingly or intentionally has sexual intercourse or other sexual conduct with another person by force, on an unaware or mentally disabled/deficient victim, or while disregarding the victim's attempts to refuse. | Ind. Code § 35-42-4-1(a) |
| Rape — aggravating circumstances | Level 1 Felony | The offense described in subsection (a) is committed using or threatening deadly force, while armed with a deadly weapon, results in serious bodily injury to someone other than the defendant, or is facilitated by furnishing the victim with a drug or controlled substance without the victim's knowledge. | Ind. Code § 35-42-4-1(b) |
Common questions about rape; restitution in Indiana
Is rape; restitution a felony or a misdemeanor in Indiana?
What are the penalties for rape; restitution in Indiana?
Which Indiana statute covers rape; restitution?
Rape; restitution is governed by Ind. Code § 35-42-4-1 (Rape; restitution).
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.