Indiana law on child molestation lays out strict definitions and serious consequences that can impact your life fast. The sex crime charges are based on the age of the child and the kind of contact involved, and even an accusation can feel overwhelming. To understand where you stand, it helps to break down what the law actually says, what penalties may apply, and how registration works in these cases.
How Indiana Defines Child Molestation Under State Law
If you are facing a child molestation charge or trying to understand what it means, the first step is getting clear on how the law actually defines it. In Indiana, Ind. Code § 35-42-4-3 makes it a crime to engage in any kind of sexual conduct with or fondling of a child under 14.
The law does not look at consent in these cases because children that young are legally not allowed to give it. What really matters here is the age of the child, what happened, and whether the state believes there was intent behind the act.
What the State Must Prove to Secure a Conviction
In these cases, the state has to prove a few key things. They need to show that the child was under 14 at the time of the alleged event and that some kind of sexual contact or touching took place. The law also requires proof that there was intent to arouse or satisfy sexual desires.
Evidence can come from different sources. Sometimes it is a child’s statement, sometimes it is something found on a phone, and other times it is what someone else says they saw.
How Child Molestation Differs From Rape Charges Involving Adults
While rape charges involving adults also deal with non-consensual acts, they are handled differently under the law. In adult cases, the state usually has to prove that there was no consent or that force or threats were involved.
With child molestation, the child’s age removes consent from the equation entirely. This difference changes how prosecutors build the case and what kind of defense strategy makes sense.
Penalties for a Child Molestation Conviction in Indiana
If you are facing a child molestation charge in Indiana, it is important to understand how serious the sentencing can be. Under Ind. Code § 35-50-2-4 and § 35-50-2-5, the penalties vary depending on the level of the felony and whether there are aggravating factors involved.
Things like a prior record of similar offenses, repeat offenses, or circumstances tied to domestic violence can increase the consequences significantly. Below is a breakdown of the types of penalties that might apply:
- Level 1 felony: 20–40 years in prison
- Level 3 felony: 2–12 years in prison
- Maximum fine: $10,000
- Mandatory minimum sentences
- Categorization as a violent crime
How Indiana’s Sex Offender Registry Applies to Child Molestation Charges
If you are convicted of child molestation in Indiana, registry requirements are not optional. Under Ind. Code § 11-8-8-5, you will be required to register as a sex offender, and that registration can last anywhere from 10 years to the rest of your life depending on the level of the offense and your history.
The registry is public, and it comes with limits on where you can live and work, including restrictions near schools, parks, and certain types of jobs.