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Indiana criminal charge

Sexual misconduct with a minor in Indiana

Current through 2026 Indiana legislative session

Sexual misconduct with a minor is a criminal offense under Indiana law, defined by Ind. Code § 35-42-4-9. 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 § 35-42-4-9.

What is the penalty for sexual misconduct with a minor in Indiana?

Penalties for Sexual misconduct with a minor
PenaltyRangeBasisAuthority
Jail / prison1 years to 6 years (Sexual intercourse/other sexual conduct with minor (base) — Person at least 18 performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Sexual intercourse/other sexual conduct with minor (base) — Person at least 18 performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age.)discretionaryInd. Code § 35-50-2-6
Jail / prison2 years to 12 years (Sexual intercourse/other sexual conduct with minor — offender 21 or older — The offense under subsection (a) is committed by a person at least 21 years of age.; fixed term; advisory sentence 6 years)presumptiveInd. Code § 35-50-2-5.5
Fineup to $10,000 (Sexual intercourse/other sexual conduct with minor — offender 21 or older — The offense under subsection (a) is committed by a person at least 21 years of age.)discretionaryInd. Code § 35-50-2-5.5
Jail / prison20 years to 40 years (Sexual intercourse/other sexual conduct with minor — aggravated circumstances — The offense under subsection (a) is committed using or threatening deadly force, while armed with a deadly weapon, results in serious bodily injury, or is facilitated by furnishing the victim with a drug or controlled substance without their knowledge.; fixed term; advisory sentence 30 years; certain Level 1 felony child molesting offenses carry 20–50 years (IC 35-50-2-4(c)))presumptiveInd. Code § 35-50-2-4
Fineup to $10,000 (Sexual intercourse/other sexual conduct with minor — aggravated circumstances — The offense under subsection (a) is committed using or threatening deadly force, while armed with a deadly weapon, results in serious bodily injury, or is facilitated by furnishing the victim with a drug or controlled substance without their knowledge.)discretionaryInd. Code § 35-50-2-4
Jail / prison6 months to 30 months (Fondling or touching with minor (base) — Person at least 18 performs or submits to fondling or touching with a child less than 16 with intent to arouse or satisfy sexual desires.; 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)))presumptiveInd. Code § 35-50-2-7
Fineup to $10,000 (Fondling or touching with minor (base) — Person at least 18 performs or submits to fondling or touching with a child less than 16 with intent to arouse or satisfy sexual desires.)discretionaryInd. Code § 35-50-2-7
Jail / prison1 years to 6 years (Fondling or touching with minor — offender 21 or older — The offense under subsection (b) is committed by a person at least 21 years of age.; fixed term; advisory sentence 3 years)presumptiveInd. Code § 35-50-2-6
Fineup to $10,000 (Fondling or touching with minor — offender 21 or older — The offense under subsection (b) is committed by a person at least 21 years of age.)discretionaryInd. Code § 35-50-2-6
Jail / prison10 years to 30 years (Fondling or touching with minor — aggravated circumstances — The offense under subsection (b) is committed using or threatening deadly force, while armed with a deadly weapon, or facilitated by furnishing the victim with a drug or controlled substance without their knowledge.; fixed term; advisory sentence 17 1/2 years)presumptiveInd. Code § 35-50-2-4.5
Fineup to $10,000 (Fondling or touching with minor — aggravated circumstances — The offense under subsection (b) is committed using or threatening deadly force, while armed with a deadly weapon, or facilitated by furnishing the victim with a drug or controlled substance without their knowledge.)discretionaryInd. Code § 35-50-2-4.5

Applies to offenses committed after June 30, 2014 (P.L.158-2013).

How is sexual misconduct with a minor classified in Indiana?

The classification depends on the circumstances:

Classification variants for Sexual misconduct with a minor
VariantClassificationWhen it appliesStatute
Sexual intercourse/other sexual conduct with minor (base)Level 5 FelonyPerson at least 18 performs or submits to sexual intercourse or other sexual conduct with a child less than 16 years of age.Ind. Code § 35-42-4-9(a)
Sexual intercourse/other sexual conduct with minor — offender 21 or olderLevel 4 FelonyThe offense under subsection (a) is committed by a person at least 21 years of age.Ind. Code § 35-42-4-9(a)
Sexual intercourse/other sexual conduct with minor — aggravated circumstancesLevel 1 FelonyThe offense under subsection (a) is committed using or threatening deadly force, while armed with a deadly weapon, results in serious bodily injury, or is facilitated by furnishing the victim with a drug or controlled substance without their knowledge.Ind. Code § 35-42-4-9(a)
Fondling or touching with minor (base)Level 6 FelonyPerson at least 18 performs or submits to fondling or touching with a child less than 16 with intent to arouse or satisfy sexual desires.Ind. Code § 35-42-4-9(b)
Fondling or touching with minor — offender 21 or olderLevel 5 FelonyThe offense under subsection (b) is committed by a person at least 21 years of age.Ind. Code § 35-42-4-9(b)
Fondling or touching with minor — aggravated circumstancesLevel 2 FelonyThe offense under subsection (b) is committed using or threatening deadly force, while armed with a deadly weapon, or facilitated by furnishing the victim with a drug or controlled substance without their knowledge.Ind. Code § 35-42-4-9(b)

Common questions about sexual misconduct with a minor in Indiana

Is sexual misconduct with a minor a felony or a misdemeanor in Indiana?

It depends on the circumstances: sexual misconduct with a minor ranges from a Level 6 Felony to a Level 1 Felony in Indiana under Ind. Code § 35-42-4-9.

Sexual intercourse/other sexual conduct with minor (base): Level 5 Felony (Ind. Code § 35-42-4-9(a)) · Sexual intercourse/other sexual conduct with minor — offender 21 or older: Level 4 Felony (Ind. Code § 35-42-4-9(a)) · Sexual intercourse/other sexual conduct with minor — aggravated circumstances: Level 1 Felony (Ind. Code § 35-42-4-9(a)) · Fondling or touching with minor (base): Level 6 Felony (Ind. Code § 35-42-4-9(b)) · Fondling or touching with minor — offender 21 or older: Level 5 Felony (Ind. Code § 35-42-4-9(b)) · Fondling or touching with minor — aggravated circumstances: Level 2 Felony (Ind. Code § 35-42-4-9(b))

What are the penalties for sexual misconduct with a minor in Indiana?

Penalties for sexual misconduct with a minor in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 1 Felony — with the ranges set by Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-4, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.

Which Indiana statute covers sexual misconduct with a minor?

Sexual misconduct with a minor is governed by Ind. Code § 35-42-4-9 (Sexual misconduct with a minor).

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.