Indiana statute
Ind. Code § 35-42-4-8 — Sexual battery
Current through 2026 Regular Session
Part of Chapter 4: Sex Crimes, Indiana Code.
Criminal charges under this statute
Full text of Ind. Code § 35-42-4-8
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.
Sec. 8. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person: (1) touches another person when that person is: (A) compelled to submit to the touching by force or the imminent threat of force; or (B) so mentally disabled or deficient that consent to the touching cannot be given; or (2) touches another person's genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring; commits sexual battery, a Level 6 felony. (b) An offense described in subsection (a) is a Level 4 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.
Official sources
Legal terms used in this section
Questions this section answers
Is sexual battery a felony or a misdemeanor in Indiana?
It depends on the circumstances: sexual battery ranges from a Level 6 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-42-4-8.
Sexual battery — base offense: Level 6 Felony (Ind. Code § 35-42-4-8(a)) · Sexual battery — deadly force, armed, or drug-facilitated: Level 4 Felony (Ind. Code § 35-42-4-8(b))
Which Indiana statute covers sexual battery?
Sexual battery is governed by Ind. Code § 35-42-4-8 (Sexual battery).
This reference is informational and is not legal advice.