Indiana statute

Ind. Code § 35-42-4-3 — Child molesting

Current through 2026 Regular Session

Part of Chapter 4: Sex Crimes, Indiana Code.

Criminal charges under this statute

Child molesting

Full text of Ind. Code § 35-42-4-3

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-42-4-3Primary source, current through the 2026 Regular Session

Sec. 3. (a) A person who, with a child under fourteen (14) years of age, knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5 ) commits child molesting, a Level 3 felony. However, the offense is a Level 1 felony if: (1) it is committed by a person at least twenty-one (21) years of age; (2) it is committed by using or threatening the use of deadly force or while armed with a deadly weapon; (3) it results in serious bodily injury; (4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2 (1)) or a controlled substance (as defined in IC 35-48-1.1-7 ) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge; or (5) it results in the transmission of a serious sexually transmitted disease and the person knew that the person was infected with the disease. (b) A person who, with a child under fourteen (14) years of age, performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits child molesting, a Level 4 felony. However, the offense is a Level 2 felony if: (1) it is committed by using or threatening the use of deadly force; (2) it is committed while armed with a deadly weapon; or (3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2 (1)) or a controlled substance (as defined in IC 35-48-1.1-7 ) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge. (c) A person may be convicted of attempted child molesting of an individual at least fourteen (14) years of age if the person believed the individual to be a child under fourteen (14) years of age at the time the person attempted to commit the offense. (d) It is a defense to a prosecution under this section that the accused person reasonably believed that the child was sixteen (16) years of age or older at the time of the conduct, unless: (1) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon; (2) the offense results in serious bodily injury; or (3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2 (1)) or a controlled substance (as defined in IC 35-48-1.1-7 ) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge. (e) In addition to any other penalty imposed for a violation of this section, the court shall order the person to pay restitution under IC 35-50-5-3 for expenses related to pregnancy and childbirth if the pregnancy is a result of the offense.

Official sources

Legal terms used in this section

Questions this section answers

Is child molesting a felony or a misdemeanor in Indiana?

It depends on the circumstances: child molesting ranges from a Level 4 Felony to a Level 1 Felony in Indiana under Ind. Code § 35-42-4-3.

Child molesting — sexual intercourse or other sexual conduct (base): Level 3 Felony (Ind. Code § 35-42-4-3(a)) · Child molesting — sexual intercourse or other sexual conduct, aggravated circumstances: Level 1 Felony (Ind. Code § 35-42-4-3(a)) · Child molesting — fondling or touching (base): Level 4 Felony (Ind. Code § 35-42-4-3(b)) · Child molesting — fondling or touching, aggravated circumstances: Level 2 Felony (Ind. Code § 35-42-4-3(b))

Which Indiana statute covers child molesting?

Child molesting is governed by Ind. Code § 35-42-4-3 (Child molesting).

This reference is informational and is not legal advice.