Indiana criminal charge
Vicarious sexual gratification; sexual conduct in presence of a minor in Indiana
Vicarious sexual gratification; sexual conduct in presence of a minor is a criminal offense under Indiana law, defined by Ind. Code § 35-42-4-5. 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 § 35-42-4-5.
What is the penalty for vicarious sexual gratification; sexual conduct in presence of a minor in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Vicarious sexual gratification - touch/fondle (base) — Base offense under (a) involving directing/inducing a child under 16 to touch or fondle self or another child under 16.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Vicarious sexual gratification - touch/fondle (base) — Base offense under (a) involving directing/inducing a child under 16 to touch or fondle self or another child under 16.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Vicarious sexual gratification - touch/fondle, victim under 14 — Applies when a child involved in the (a) offense is under the age of fourteen (14).; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Vicarious sexual gratification - touch/fondle, victim under 14 — Applies when a child involved in the (a) offense is under the age of fourteen (14).) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Vicarious sexual gratification - touch/fondle, aggravated circumstances — Applies when the (a) offense is committed with deadly force/weapon, facilitated by furnishing a drug without victim's knowledge, or results in serious bodily injury.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Vicarious sexual gratification - touch/fondle, aggravated circumstances — Applies when the (a) offense is committed with deadly force/weapon, facilitated by furnishing a drug without victim's knowledge, or results in serious bodily injury.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 2 years to 12 years (Vicarious sexual gratification - sexual intercourse/conduct (base) — Base offense under (b) involving directing/inducing a child under 16 to engage in intercourse, sexual conduct with an animal, or other sexual conduct.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Vicarious sexual gratification - sexual intercourse/conduct (base) — Base offense under (b) involving directing/inducing a child under 16 to engage in intercourse, sexual conduct with an animal, or other sexual conduct.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Vicarious sexual gratification - sexual intercourse/conduct, victim under 14 — Applies when any child involved in the (b) offense is less than fourteen (14) years of age.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Vicarious sexual gratification - sexual intercourse/conduct, victim under 14 — Applies when any child involved in the (b) offense is less than fourteen (14) years of age.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Vicarious sexual gratification - sexual intercourse/conduct, aggravated circumstances — Applies when the (b) offense is committed with deadly force/weapon, results in serious bodily injury, or is facilitated by furnishing a drug without the victim's knowledge.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Vicarious sexual gratification - sexual intercourse/conduct, aggravated circumstances — Applies when the (b) offense is committed with deadly force/weapon, results in serious bodily injury, or is facilitated by furnishing a drug without the victim's knowledge.) | discretionary | Ind. Code § 35-50-2-4.5 |
| Jail / prison | 6 months to 30 months (Performing sexual conduct in the presence of a minor — A person 18 or older engages in sexual intercourse, other sexual conduct, or self-touching/fondling in the presence of a child under 14 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 (Performing sexual conduct in the presence of a minor — A person 18 or older engages in sexual intercourse, other sexual conduct, or self-touching/fondling in the presence of a child under 14 with intent to arouse or satisfy sexual desires.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is vicarious sexual gratification; sexual conduct in presence of a minor classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Vicarious sexual gratification - touch/fondle (base) | Level 5 Felony | Base offense under (a) involving directing/inducing a child under 16 to touch or fondle self or another child under 16. | Ind. Code § 35-42-4-5(a) |
| Vicarious sexual gratification - touch/fondle, victim under 14 | Level 4 Felony | Applies when a child involved in the (a) offense is under the age of fourteen (14). | Ind. Code § 35-42-4-5(a) |
| Vicarious sexual gratification - touch/fondle, aggravated circumstances | Level 3 Felony | Applies when the (a) offense is committed with deadly force/weapon, facilitated by furnishing a drug without victim's knowledge, or results in serious bodily injury. | Ind. Code § 35-42-4-5(a) |
| Vicarious sexual gratification - sexual intercourse/conduct (base) | Level 4 Felony | Base offense under (b) involving directing/inducing a child under 16 to engage in intercourse, sexual conduct with an animal, or other sexual conduct. | Ind. Code § 35-42-4-5(b) |
| Vicarious sexual gratification - sexual intercourse/conduct, victim under 14 | Level 3 Felony | Applies when any child involved in the (b) offense is less than fourteen (14) years of age. | Ind. Code § 35-42-4-5(b) |
| Vicarious sexual gratification - sexual intercourse/conduct, aggravated circumstances | Level 2 Felony | Applies when the (b) offense is committed with deadly force/weapon, results in serious bodily injury, or is facilitated by furnishing a drug without the victim's knowledge. | Ind. Code § 35-42-4-5(b) |
| Performing sexual conduct in the presence of a minor | Level 6 Felony | A person 18 or older engages in sexual intercourse, other sexual conduct, or self-touching/fondling in the presence of a child under 14 with intent to arouse or satisfy sexual desires. | Ind. Code § 35-42-4-5(c) |
Common questions about vicarious sexual gratification; sexual conduct in presence of a minor in Indiana
Is vicarious sexual gratification; sexual conduct in presence of a minor a felony or a misdemeanor in Indiana?
It depends on the circumstances: vicarious sexual gratification; sexual conduct in presence of a minor ranges from a Level 6 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-42-4-5.
Vicarious sexual gratification - touch/fondle (base): Level 5 Felony (Ind. Code § 35-42-4-5(a)) · Vicarious sexual gratification - touch/fondle, victim under 14: Level 4 Felony (Ind. Code § 35-42-4-5(a)) · Vicarious sexual gratification - touch/fondle, aggravated circumstances: Level 3 Felony (Ind. Code § 35-42-4-5(a)) · Vicarious sexual gratification - sexual intercourse/conduct (base): Level 4 Felony (Ind. Code § 35-42-4-5(b)) · Vicarious sexual gratification - sexual intercourse/conduct, victim under 14: Level 3 Felony (Ind. Code § 35-42-4-5(b)) · Vicarious sexual gratification - sexual intercourse/conduct, aggravated circumstances: Level 2 Felony (Ind. Code § 35-42-4-5(b)) · Performing sexual conduct in the presence of a minor: Level 6 Felony (Ind. Code § 35-42-4-5(c))
What are the penalties for vicarious sexual gratification; sexual conduct in presence of a minor in Indiana?
Penalties for vicarious sexual gratification; sexual conduct in presence of a minor in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5, Ind. Code § 35-50-2-4.5 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
Which Indiana statute covers vicarious sexual gratification; sexual conduct in presence of a minor?
Vicarious sexual gratification; sexual conduct in presence of a minor is governed by Ind. Code § 35-42-4-5 (Vicarious sexual gratification; sexual conduct in presence of 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.