Indiana criminal charge
Sexual misconduct with a service provider in Indiana
Sexual misconduct with a service provider is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-3-10. 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 § 35-44.1-3-10.
What is the penalty for sexual misconduct with a service provider in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Sexual misconduct - fondling or touching — A service provider knowingly or intentionally engages in fondling or touching with a person subject to lawful detention or lawful supervision 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))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Sexual misconduct - fondling or touching — A service provider knowingly or intentionally engages in fondling or touching with a person subject to lawful detention or lawful supervision with intent to arouse or satisfy sexual desires.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Sexual misconduct - sexual intercourse or other sexual conduct — The service provider engages in sexual intercourse or other sexual conduct with the person who is subject to lawful detention or lawful supervision.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Sexual misconduct - sexual intercourse or other sexual conduct — The service provider engages in sexual intercourse or other sexual conduct with the person who is subject to lawful detention or lawful supervision.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 1 years to 6 years (Sexual misconduct with a minor - fondling or touching — A service provider at least 18 years old knowingly or intentionally engages in fondling or touching with a person under 18 who is subject to lawful detention or lawful supervision.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Sexual misconduct with a minor - fondling or touching — A service provider at least 18 years old knowingly or intentionally engages in fondling or touching with a person under 18 who is subject to lawful detention or lawful supervision.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Sexual misconduct with a minor - sexual intercourse or other sexual conduct — The service provider engages in sexual intercourse or other sexual conduct with the person under 18 who is subject to lawful detention or lawful supervision.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Sexual misconduct with a minor - sexual intercourse or other sexual conduct — The service provider engages in sexual intercourse or other sexual conduct with the person under 18 who is subject to lawful detention or lawful supervision.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is sexual misconduct with a service provider classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual misconduct - fondling or touching | Level 6 Felony | A service provider knowingly or intentionally engages in fondling or touching with a person subject to lawful detention or lawful supervision with intent to arouse or satisfy sexual desires. | Ind. Code § 35-44.1-3-10(b) |
| Sexual misconduct - sexual intercourse or other sexual conduct | Level 5 Felony | The service provider engages in sexual intercourse or other sexual conduct with the person who is subject to lawful detention or lawful supervision. | Ind. Code § 35-44.1-3-10(b) |
| Sexual misconduct with a minor - fondling or touching | Level 5 Felony | A service provider at least 18 years old knowingly or intentionally engages in fondling or touching with a person under 18 who is subject to lawful detention or lawful supervision. | Ind. Code § 35-44.1-3-10(c) |
| Sexual misconduct with a minor - sexual intercourse or other sexual conduct | Level 4 Felony | The service provider engages in sexual intercourse or other sexual conduct with the person under 18 who is subject to lawful detention or lawful supervision. | Ind. Code § 35-44.1-3-10(c) |
Common questions about sexual misconduct with a service provider in Indiana
Is sexual misconduct with a service provider a felony or a misdemeanor in Indiana?
It depends on the circumstances: sexual misconduct with a service provider ranges from a Level 6 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-44.1-3-10.
Sexual misconduct - fondling or touching: Level 6 Felony (Ind. Code § 35-44.1-3-10(b)) · Sexual misconduct - sexual intercourse or other sexual conduct: Level 5 Felony (Ind. Code § 35-44.1-3-10(b)) · Sexual misconduct with a minor - fondling or touching: Level 5 Felony (Ind. Code § 35-44.1-3-10(c)) · Sexual misconduct with a minor - sexual intercourse or other sexual conduct: Level 4 Felony (Ind. Code § 35-44.1-3-10(c))
What are the penalties for sexual misconduct with a service provider in Indiana?
Penalties for sexual misconduct with a service provider in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers sexual misconduct with a service provider?
Sexual misconduct with a service provider is governed by Ind. Code § 35-44.1-3-10 (Sexual misconduct with a service provider).
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.