Surprisingly, it is easy to accuse someone of child molestation or rape, and once the molestation accusation has been made, the damage is done. Being accused of sexual abuse of a child is no accusation that should be taken or dealt with lightly. If you are convicted of child molestation in Indiana, you face a life of stigma which includes:
- A lifetime of registration of a sex offender
- A long prison sentence with a strong chance of being placed on probation afterwards
- Possible court ordered counseling
- Possible court ordered restitution
To protect your rights, it’s important that you retain a sex crimes defense lawyer as soon as possible. Being falsely accused of child molestation happens. You need to know the ramifications of being convicted under the Indiana child molesting law. At The Law Office of Jesse K. Sanchez, we will defend your constitutional right to a fair, fast and speedy trial. Call us at (317) 721-9858 to ensure your rights are protected immediately.
Indiana Child Molestation Statute
According to Indiana law, all forms of child molestation are felonies. The child molestation law in Indiana treats the lowest level of child molestation as a Level 3 Felony all the way to a Level 1.
(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 35-48-1-9) 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 dangerous 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 35-48-1-9) 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 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge.
Indiana Child Molestation Law is Serious
Indiana child molestation law has serious consequences, it’s important that you truly understand the gravity of a conviction of this crime. Call sex crime attorney Jesse K. Sanchez to get the best representation available to you at (317) 721-9858 or email info@jksanchezlaw.com now. Don’t wait.
