CHAPTER 4. SEX CRIMES
IC 35-42-4
Chapter 4. Sex Crimes
IC 35-42-4-1
Rape
Sec. 1. (a) Except as provided in subsection (b), a person whoknowingly or intentionally has sexual intercourse with a member ofthe opposite sex when:
(1) the other person is compelled by force or imminent threat offorce;
(2) the other person is unaware that the sexual intercourse isoccurring; or
(3) the other person is so mentally disabled or deficient thatconsent to sexual intercourse cannot be given;
commits rape, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadlyforce;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to a person other than adefendant; or
(4) the commission of the offense is facilitated by furnishing thevictim, without the victim's knowledge, with a drug (as definedin IC 16-42-19-2(1)) or a controlled substance (as defined inIC 35-48-1-9) or knowing that the victim was furnished with thedrug or controlled substance without the victim's knowledge.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,P.L.340, SEC.36; P.L.320-1983, SEC.23; P.L.16-1984, SEC.19;P.L.297-1989, SEC.1; P.L.31-1998, SEC.3.
IC 35-42-4-2
Criminal deviate conduct
Sec. 2. (a) A person who knowingly or intentionally causesanother person to perform or submit to deviate sexual conduct when:
(1) the other person is compelled by force or imminent threat offorce;
(2) the other person is unaware that the conduct is occurring; or
(3) the other person is so mentally disabled or deficient thatconsent to the conduct cannot be given;
commits criminal deviate conduct, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadlyforce;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to any person other than adefendant; or
(4) the commission of the offense is facilitated by furnishing thevictim, without the victim's knowledge, with a drug (as definedin IC 16-42-19-2(1)) or a controlled substance (as defined inIC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,P.L.340, SEC.37; P.L.320-1983, SEC.24; P.L.183-1984, SEC.3;P.L.31-1998, SEC.4.
IC 35-42-4-3
Child molesting
Sec. 3. (a) A person who, with a child under fourteen (14) yearsof age, performs or submits to sexual intercourse or deviate sexualconduct commits child molesting, a Class B felony. However, theoffense is a Class A felony if:
(1) it is committed by a person at least twenty-one (21) years ofage;
(2) it is committed by using or threatening the use of deadlyforce or while armed with a deadly weapon;
(3) it results in serious bodily injury; or
(4) the commission of the offense is facilitated by furnishing thevictim, without the victim's knowledge, with a drug (as definedin IC 16-42-19-2(1)) or a controlled substance (as defined inIC 35-48-1-9) or knowing that the victim was furnished with thedrug or controlled substance without the victim's knowledge.
(b) A person who, with a child under fourteen (14) years of age,performs or submits to any fondling or touching, of either the childor the older person, with intent to arouse or to satisfy the sexualdesires of either the child or the older person, commits childmolesting, a Class C felony. However, the offense is a Class Afelony if:
(1) it is committed by using or threatening the use of deadlyforce;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing thevictim, without the victim's knowledge, with a drug (as definedin IC 16-42-19-2(1)) or a controlled substance (as defined inIC 35-48-1-9) or knowing that the victim was furnished with thedrug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed thatthe child was sixteen (16) years of age or older at the time of theconduct, unless:
(1) the offense is committed by using or threatening the use ofdeadly 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 thevictim, without the victim's knowledge, with a drug (as definedin IC 16-42-19-2(1)) or a controlled substance (as defined inIC 35-48-1-9) or knowing that the victim was furnished with thedrug or controlled substance without the victim's knowledge.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,P.L.340, SEC.38; Acts 1978, P.L.82, SEC.2; Acts 1981, P.L.301,SEC.1; P.L.79-1994, SEC.12; P.L.33-1996, SEC.8; P.L.216-1996,SEC.18; P.L.31-1998, SEC.5; P.L.216-2007, SEC.42.
IC 35-42-4-4
Child exploitation; possession of child pornography; violationclassification; exemption; definitions
Sec. 4. (a) As used in this section:
"Disseminate" means to transfer possession for free or for aconsideration.
"Matter" has the same meaning as in IC 35-49-1-3.
"Performance" has the same meaning as in IC 35-49-1-7.
"Sexual conduct" means sexual intercourse, deviate sexualconduct, exhibition of the uncovered genitals intended to satisfy orarouse the sexual desires of any person, sadomasochistic abuse,sexual intercourse or deviate sexual conduct with an animal, or anyfondling or touching of a child by another person or of anotherperson by a child intended to arouse or satisfy the sexual desires ofeither the child or the other person.
(b) A person who knowingly or intentionally:
(1) manages, produces, sponsors, presents, exhibits,photographs, films, videotapes, or creates a digitized image ofany performance or incident that includes sexual conduct by achild under eighteen (18) years of age;
(2) disseminates, exhibits to another person, offers todisseminate or exhibit to another person, or sends or brings intoIndiana for dissemination or exhibition matter that depicts ordescribes sexual conduct by a child under eighteen (18) yearsof age; or
(3) makes available to another person a computer, knowing thatthe computer's fixed drive or peripheral device contains matterthat depicts or describes sexual conduct by a child less thaneighteen (18) years of age;
commits child exploitation, a Class C felony.
(c) A person who knowingly or intentionally possesses:
(1) a picture;
(2) a drawing;
(3) a photograph;
(4) a negative image;
(5) undeveloped film;
(6) a motion picture;
(7) a videotape;
(8) a digitized image; or
(9) any pictorial representation;
that depicts or describes sexual conduct by a child who the personknows is less than sixteen (16) years of age or who appears to be lessthan sixteen (16) years of age, and that lacks serious literary, artistic,political, or scientific value commits possession of childpornography, a Class D felony.
(d) Subsections (b) and (c) do not apply to a bona fide school,museum, or public library that qualifies for certain property taxexemptions under IC 6-1.1-10, or to an employee of such a school,museum, or public library acting within the scope of the employee'semployment when the possession of the listed materials is for
legitimate scientific or educational purposes.
As added by Acts 1978, P.L.148, SEC.5. Amended by P.L.325-1983,SEC.1; P.L.206-1986, SEC.1; P.L.37-1990, SEC.25; P.L.59-1995,SEC.3; P.L.216-1996, SEC.19; P.L.3-2002, SEC.2; P.L.216-2007,SEC.43.
IC 35-42-4-5
Vicarious sexual gratification; sexual conduct in presence of aminor
Sec. 5. (a) A person eighteen (18) years of age or older whoknowingly or intentionally directs, aids, induces, or causes a childunder the age of sixteen (16) to touch or fondle himself or anotherchild under the age of sixteen (16) with intent to arouse or satisfy thesexual desires of a child or the older person commits vicarious sexualgratification, a Class D felony. However, the offense is:
(1) a Class C felony if a child involved in the offense is underthe age of fourteen (14);
(2) a Class B felony if:
(A) the offense is committed by using or threatening the useof deadly force or while armed with a deadly weapon; or
(B) the commission of the offense is facilitated by furnishingthe victim, without the victim's knowledge, with a drug (asdefined in IC 16-42-19-2(1)) or a controlled substance (asdefined in IC 35-48-1-9) or knowing that the victim wasfurnished with the drug or controlled substance without thevictim's knowledge; and
(3) a Class A felony if it results in serious bodily injury.
(b) A person eighteen (18) years of age or older who knowinglyor intentionally directs, aids, induces, or causes a child under the ageof sixteen (16) to:
(1) engage in sexual intercourse with another child undersixteen (16) years of age;
(2) engage in sexual conduct with an animal other than a humanbeing; or
(3) engage in deviate sexual conduct with another person;
with intent to arouse or satisfy the sexual desires of a child or theolder person commits vicarious sexual gratification, a Class C felony.However, the offense is a Class B felony if any child involved in theoffense is less than fourteen (14) years of age, and it is a Class Afelony if the offense is committed by using or threatening the use ofdeadly force, if it is committed while armed with a deadly weapon,if it results in serious bodily injury, or if the commission of theoffense is facilitated by furnishing the victim, without the victim'sknowledge, with a drug (as defined in IC 16-42-19-2(1)) or acontrolled substance (as defined in IC 35-48-1-9) or knowing that thevictim was furnished with the drug or controlled substance withoutthe victim's knowledge.
(c) A person eighteen (18) years of age or older who knowinglyor intentionally:
(1) engages in sexual intercourse; (2) engages in deviate sexual conduct; or
(3) touches or fondles the person's own body;
in the presence of a child less than fourteen (14) years of age with theintent to arouse or satisfy the sexual desires of the child or the olderperson commits performing sexual conduct in the presence of aminor, a Class D felony.
As added by P.L.183-1984, SEC.4. Amended by P.L.79-1994,SEC.13; P.L.31-1998, SEC.6; P.L.118-2002, SEC.1; P.L.123-2003,SEC.1.
IC 35-42-4-6
Child solicitation
Sec. 6. (a) As used in this section, "solicit" means to command,authorize, urge, incite, request, or advise an individual:
(1) in person;
(2) by telephone;
(3) in writing;
(4) by using a computer network (as defined inIC 35-43-2-3(a));
(5) by advertisement of any kind; or
(6) by any other means;
to perform an act described in subsection (b) or (c).
(b) A person eighteen (18) years of age or older who knowinglyor intentionally solicits a child under fourteen (14) years of age, oran individual the person believes to be a child under fourteen (14)years of age, to engage in:
(1) sexual intercourse;
(2) deviate sexual conduct; or
(3) any fondling or touching intended to arouse or satisfy thesexual desires of either the child or the older person;
commits child solicitation, a Class D felony. However, the offenseis a Class C felony if it is committed by using a computer network(as defined in IC 35-43-2-3(a)), and a Class B felony if the personcommits the offense by using a computer network (as defined inIC 35-43-2-3(a)) and has a previous unrelated conviction forcommitting the offense by using a computer network (as defined inIC 35-43-2-3(a)).
(c) A person at least twenty-one (21) years of age who knowinglyor intentionally solicits a child at least fourteen (14) years of age butless than sixteen (16) years of age, or an individual the personbelieves to be a child at least fourteen (14) years of age but less thansixteen (16) years of age, to engage in:
(1) sexual intercourse;
(2) deviate sexual conduct; or
(3) any fondling or touching intended to arouse or satisfy thesexual desires of either the child or the older person;
commits child solicitation, a Class D felony. However, the offenseis a Class C felony if it is committed by using a computer network(as defined in IC 35-43-2-3(a)), and a Class B felony if the personcommits the offense by using a computer network (as defined in
IC 35-43-2-3(a)) and has a previous unrelated conviction forcommitting the offense by using a computer network (as defined inIC 35-43-2-3(a)).
(d) In a prosecution under this section, including a prosecution forattempted solicitation, the state is not required to prove that theperson solicited the child to engage in an act described in subsection(b) or (c) at some immediate time.
As added by P.L.183-1984, SEC.5. Amended by P.L.11-1994,SEC.16; P.L.79-1994, SEC.14; P.L.216-1996, SEC.20;P.L.118-2002, SEC.2; P.L.124-2005, SEC.1; P.L.216-2007, SEC.44.
IC 35-42-4-7
Child seduction
Sec. 7. (a) As used in this section, "adoptive parent" has themeaning set forth in IC 31-9-2-6.
(b) As used in this section, "adoptive grandparent" means theparent of an adoptive parent.
(c) As used in this section, "charter school" has the meaning setforth in IC 20-18-2-2.5.
(d) As used in this section, "child care worker" means a personwho:
(1) provides care, supervision, or instruction to a child withinthe scope of the person's employment in a shelter care facility;
(2) is employed by a:
(A) school corporation;
(B) charter school;
(C) nonpublic school; or
(D) special education cooperative;
attended by a child who is the victim of a crime under thischapter; or
(3) is:
(A) affiliated with a:
(i) school corporation;
(ii) charter school;
(iii) nonpublic school; or
(iv) special education cooperative;
attended by a child who is the victim of a crime under thischapter, regardless of how or whether the person iscompensated;
(B) in a position of trust in relation to a child who attendsthe school or cooperative;
(C) engaged in the provision of care or supervision to a childwho attends the school or cooperative; and
(D) at least four (4) years older than the child who is thevictim of a crime under this chapter.
The term does not include a student who attends the school orcooperative.
(e) As used in this section, "custodian" means any person whoresides with a child and is responsible for the child's welfare.
(f) As used in this section, "military recruiter" means a member
of the armed forces of the United States (as defined inIC 20-33-10-2) or the Indiana National Guard whose primary jobfunction, classification, or specialty is recruiting individuals to enlistwith the armed forces of the United States or the Indiana NationalGuard.
(g) As used in this section, "nonpublic school" has the meaningset forth in IC 20-18-2-12.
(h) As used in this section, "school corporation" has the meaningset forth in IC 20-18-2-16.
(i) As used in this section, "special education cooperative" has themeaning set forth in IC 20-35-5-1.
(j) As used in this section, "stepparent" means an individual whois married to a child's custodial or noncustodial parent and is not thechild's adoptive parent.
(k) If a person who:
(1) is at least eighteen (18) years of age; and
(2) is:
(A) the:
(i) guardian, adoptive parent, adoptive grandparent,custodian, or stepparent of; or
(ii) child care worker for; or
(B) a military recruiter who is attempting to enlist;
a child at least sixteen (16) years of age but less than eighteen(18) years of age;
engages with the child in sexual intercourse, deviate sexual conduct(as defined in IC 35-41-1-9), or any fondling or touching with theintent to arouse or satisfy the sexual desires of either the child or theadult, the person commits child seduction, a Class D felony.
As added by P.L.158-1987, SEC.4. Amended by P.L.1-1997,SEC.148; P.L.71-1998, SEC.5; P.L.228-2001, SEC.5; P.L.161-2003,SEC.10; P.L.1-2005, SEC.228; P.L.125-2009, SEC.7.
IC 35-42-4-8
Sexual battery
Sec. 8. (a) A person who, with intent to arouse or satisfy theperson's own sexual desires or the sexual desires of another person,touches another person when that person is:
(1) compelled to submit to the touching by force or theimminent threat of force; or
(2) so mentally disabled or deficient that consent to thetouching cannot be given;
commits sexual battery, a Class D felony.
(b) An offense described in subsection (a) is a Class C felony if:
(1) it is committed by using or threatening the use of deadlyforce;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing thevictim, without the victim's knowledge, with a drug (as definedin IC 16-42-19-2(1)) or a controlled substance (as defined inIC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
As added by P.L.322-1987, SEC.2. Amended by P.L.31-1998, SEC.7.
IC 35-42-4-9
Sexual misconduct with a minor
Sec. 9. (a) A person at least eighteen (18) years of age who, witha child at least fourteen (14) years of age but less than sixteen (16)years of age, performs or submits to sexual intercourse or deviatesexual conduct commits sexual misconduct with a minor, a Class Cfelony. However, the offense is:
(1) a Class B felony if it is committed by a person at leasttwenty-one (21) years of age; and
(2) a Class A felony if it is committed by using or threateningthe use of deadly force, if it is committed while armed with adeadly weapon, if it results in serious bodily injury, or if thecommission of the offense is facilitated by furnishing thevictim, without the victim's knowledge, with a drug (as definedin IC 16-42-19-2(1)) or a controlled substance (as defined inIC 35-48-1-9) or knowing that the victim was furnished with thedrug or controlled substance without the victim's knowledge.
(b) A person at least eighteen (18) years of age who, with a childat least fourteen (14) years of age but less than sixteen (16) years ofage, performs or submits to any fondling or touching, of either thechild or the older person, with intent to arouse or to satisfy the sexualdesires of either the child or the older person, commits sexualmisconduct with a minor, a Class D felony. However, the offense is:
(1) a Class C felony if it is committed by a person at leasttwenty-one (21) years of age; and
(2) a Class B felony if it is committed by using or threateningthe use of deadly force, while armed with a deadly weapon, orif the commission of the offense is facilitated by furnishing thevictim, without the victim's knowledge, with a drug (as definedin IC 16-42-19-2(1)) or a controlled substance (as defined inIC 35-48-1-9) or knowing that the victim was furnished with thedrug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed thatthe child was at least sixteen (16) years of age at the time of theconduct. However, this subsection does not apply to an offensedescribed in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married.However, this subsection does not apply to an offense described insubsection (a)(2) or (b)(2).
(e) It is a defense to a prosecution under this section if all thefollowing apply:
(1) The person is not more than four (4) years older than thevictim.
(2) The relationship between the person and the victim was adating relationship or an ongoing personal relationship. Theterm "ongoing personal relationship" does not include a familyrelationship. (3) The crime:
(A) was not committed by a person who is at leasttwenty-one (21) years of age;
(B) was not committed by using or threatening the use ofdeadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not facilitated by furnishing the victim, without thevictim's knowledge, with a drug (as defined inIC 16-42-19-2(1)) or a controlled substance (as defined inIC 35-48-1-9) or knowing that the victim was furnished withthe drug or controlled substance without the victim'sknowledge; and
(F) was not committed by a person having a position ofauthority or substantial influence over the victim.
(4) The person has not committed another sex offense (asdefined in IC 11-8-8-5.2) (including a delinquent act that wouldbe a sex offense if committed by an adult) against any otherperson.
As added by P.L.79-1994, SEC.15. Amended by P.L.33-1996, SEC.9;P.L.216-1996, SEC.21; P.L.31-1998, SEC.8; P.L.266-2003, SEC.1;P.L.216-2007, SEC.45.
IC 35-42-4-10
Unlawful employment near children
Sec. 10. (a) As used in this section, "offender against children"means a person who is an offender against children underIC 35-42-4-11.
(b) As used in this section, "sexually violent predator" means aperson who is a sexually violent predator under IC 35-38-1-7.5.
(c) A sexually violent predator or an offender against childrenwho knowingly or intentionally works for compensation or as avolunteer:
(1) on school property;
(2) at a youth program center; or
(3) at a public park;
commits unlawful employment near children by a sexual predator, aClass D felony. However, the offense is a Class C felony if theperson has a prior unrelated conviction based on the person's failureto comply with any requirement imposed on an offender underIC 11-8-8.
As added by P.L.6-2006, SEC.3; P.L.140-2006, SEC.31 andP.L.173-2006, SEC.31. Amended by P.L.1-2007, SEC.231;P.L.216-2007, SEC.46.
IC 35-42-4-11
Sex offender residency restrictions
Sec. 11. (a) As used in this section, and except as provided insubsection (d), "offender against children" means a person requiredto register as a sex or violent offender under IC 11-8-8 who has been: (1) found to be a sexually violent predator underIC 35-38-1-7.5; or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b)).
(C) Child solicitation (IC 35-42-4-6).
(D) Child seduction (IC 35-42-4-7).
(E) Kidnapping (IC 35-42-3-2), if the victim is less thaneighteen (18) years of age and the person is not the child'sparent or guardian.
(F) Attempt to commit or conspiracy to commit an offenselisted in clauses (A) through (E).
(G) An offense in another jurisdiction that is substantiallysimilar to an offense described in clauses (A) through (F).
A person is an offender against children by operation of law if theperson meets the conditions described in subdivision (1) or (2) at anytime.
(b) As used in this section, "reside" means to spend more thanthree (3) nights in:
(1) a residence; or
(2) if the person does not reside in a residence, a particularlocation;
in any thirty (30) day period.
(c) An offender against children who knowingly or intentionally:
(1) resides within one thousand (1,000) feet of:
(A) school property, not including property of an institutionproviding post-secondary education;
(B) a youth program center; or
(C) a public park; or
(2) establishes a residence within one (1) mile of the residenceof the victim of the offender's sex offense;
commits a sex offender residency offense, a Class D felony.
(d) This subsection does not apply to an offender against childrenwho has two (2) or more unrelated convictions for an offensedescribed in subsection (a). A person who is an offender againstchildren may petition the court to consider whether the person shouldno longer be considered an offender against children. The personmay file a petition under this subsection not earlier than ten (10)years after the person is released from incarceration, probation, orparole, whichever occurs last. A person may file a petition under thissubsection not more than one (1) time per year. A court may dismissa petition filed under this subsection or conduct a hearing todetermine if the person should no longer be considered an offenderagainst children. If the court conducts a hearing, the court shallappoint two (2) psychologists or psychiatrists who have expertise incriminal behavioral disorders to evaluate the person and testify at thehearing. After conducting the hearing and considering the testimonyof the two (2) psychologists or psychiatrists, the court shalldetermine whether the person should no longer be considered anoffender against children. If a court finds that the person should no
longer be considered an offender against children, the court shallsend notice to the department of correction that the person is nolonger considered an offender against children.
As added by P.L.6-2006, SEC.8. Amended by P.L.140-2006, SEC.32and P.L.173-2006, SEC.32; P.L.216-2007, SEC.47.
IC 35-42-4-12
Sex offender internet offense
Sec. 12. (a) This section does not apply to a person to whom allof the following apply:
(1) The person is not more than:
(A) four (4) years older than the victim if the offense wascommitted after June 30, 2007; or
(B) five (5) years older than the victim if the offense wascommitted before July 1, 2007.
(2) The relationship between the person and the victim was adating relationship or an ongoing personal relationship. Theterm "ongoing personal relationship" does not include a familyrelationship.
(3) The crime:
(A) was not committed by a person who is at leasttwenty-one (21) years of age;
(B) was not committed by using or threatening the use ofdeadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not facilitated by furnishing the victim, without thevictim's knowledge, with a drug (as defined inIC 16-42-19-2(1)) or a controlled substance (as defined inIC 35-48-1-9) or knowing that the victim was furnished withthe drug or controlled substance without the victim'sknowledge; and
(F) was not committed by a person having a position ofauthority or substantial influence over the victim.
(b) This section applies only to a person required to register as asex or violent offender under IC 11-8-8 who has been:
(1) found to be a sexually violent predator underIC 35-38-1-7.5; or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b)).
(C) Possession of child pornography (IC 35-42-4-4(c)).
(D) Vicarious sexual gratification (IC 35-42-4-5(a) orIC 35-42-4-5(b)).
(E) Sexual conduct in the presence of a minor (IC35-42-4-5(c)).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Kidnapping (IC 35-42-3-2), if the victim is less thaneighteen (18) years of age and the person is not the child's
parent or guardian.
(I) Attempt to commit or conspiracy to commit an offenselisted in clauses (A) through (H).
(J) An offense in another jurisdiction that is substantiallysimilar to an offense described in clauses (A) through (H).
(c) As used in this section, "instant messaging or chat roomprogram" means a software program that requires a person to registeror create an account, a username, or a password to become a memberor registered user of the program and allows two (2) or moremembers or authorized users to communicate over the Internet in realtime using typed text. The term does not include an electronic mailprogram or message board program.
(d) As used in this section, "social networking web site" means anInternet web site that:
(1) facilitates the social introduction between two (2) or morepersons;
(2) requires a person to register or create an account, ausername, or a password to become a member of the web siteand to communicate with other members;
(3) allows a member to create a web page or a personal profile;and
(4) provides a member with the opportunity to communicatewith another person.
The term does not include an electronic mail program or messageboard program.
(e) A person described in subsection (b) who knowingly orintentionally uses:
(1) a social networking web site; or
(2) an instant messaging or chat room program;
that the offender knows allows a person who is less than eighteen(18) years of age to access or use the web site or program commitsa sex offender Internet offense, a Class A misdemeanor. However,the offense is a Class D felony if the person has a prior unrelatedconviction under this section.
(f) It is a defense to a prosecution under this section that theperson:
(1) did not know that the web site or program allowed a personwho is less than eighteen (18) years of age to access or use theweb site or program; and
(2) upon discovering that the web site or program allows aperson who is less than eighteen (18) years of age to access oruse the web site or program, immediately ceased further use oraccess of the web site or program.
As added by P.L.119-2008, SEC.18.
IC 35-42-4-13
Inappropriate communication with a child
Sec. 13. (a) This section does not apply to the following:
(1) A parent, guardian, or custodian of a child.
(2) A person who acts with the permission of a child's parent,
guardian, or custodian.
(3) A person to whom a child makes a report of abuse orneglect.
(4) A person to whom a child reports medical symptoms thatrelate to or may relate to sexual activity.
(b) As used in this section, "sexual activity" means sexualintercourse, deviate sexual conduct, or the fondling or touching ofthe buttocks, genitals, or female breasts.
(c) A person at least twenty-one (21) years of age who knowinglyor intentionally communicates with an individual whom the personbelieves to be a child less than fourteen (14) years of age concerningsexual activity with the intent to gratify the sexual desires of theperson or the individual commits inappropriate communication witha child, a Class B misdemeanor. However, the offense is a Class Amisdemeanor if the person commits the offense by using a computernetwork (as defined in IC 35-43-2-3(a)).
As added by P.L.119-2008, SEC.19.