CHAPTER 4. INDECENT ACTS AND PROSTITUTION
IC 35-45-4
Chapter 4. Indecent Acts and Prostitution
IC 35-45-4-1
Public indecency
Sec. 1. (a) A person who knowingly or intentionally, in a publicplace:
(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct;
(3) appears in a state of nudity with the intent to arouse thesexual desires of the person or another person; or
(4) fondles the person's genitals or the genitals of anotherperson;
commits public indecency, a Class A misdemeanor.
(b) A person at least eighteen (18) years of age who knowingly orintentionally, in a public place, appears in a state of nudity with theintent to be seen by a child less than sixteen (16) years of agecommits public indecency, a Class A misdemeanor.
(c) However, the offense under subsection (a) or subsection (b) isa Class D felony if the person who commits the offense has a priorunrelated conviction:
(1) under subsection (a) or (b); or
(2) in another jurisdiction, including a military court, that issubstantially equivalent to an offense described in subsection(a) or (b).
(d) As used in this section, "nudity" means the showing of thehuman male or female genitals, pubic area, or buttocks with less thana fully opaque covering, the showing of the female breast with lessthan a fully opaque covering of any part of the nipple, or the showingof covered male genitals in a discernibly turgid state.
(e) A person who, in a place other than a public place, with theintent to be seen by persons other than invitees and occupants of thatplace:
(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct;
(3) fondles the person's genitals or the genitals of anotherperson; or
(4) appears in a state of nudity;
where the person can be seen by persons other than invitees andoccupants of that place commits indecent exposure, a Class Cmisdemeanor.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,P.L.340, SEC.76; P.L.189-1984, SEC.1; P.L.215-1997, SEC.1;P.L.121-2000, SEC.1; P.L.123-2003, SEC.2.
IC 35-45-4-1.5
Public nudity
Sec. 1.5. (a) As used in this section, "nudity" has the meaning setforth in section 1(d) of this chapter.
(b) A person who knowingly or intentionally appears in a public
place in a state of nudity commits public nudity, a Class Cmisdemeanor.
(c) A person who knowingly or intentionally appears in a publicplace in a state of nudity with the intent to be seen by another personcommits a Class B misdemeanor. However, the offense is a Class Dfelony if the person has a prior unrelated conviction under thissubsection or under subsection (d).
(d) A person who knowingly or intentionally appears in a state ofnudity:
(1) in or on school grounds;
(2) in a public park; or
(3) with the intent to arouse the sexual desires of the person oranother person, in a department of natural resources owned ormanaged property;
commits a Class A misdemeanor. However, the offense is a Class Dfelony if the person has a prior unrelated conviction under thissubsection or under subsection (c).
As added by P.L.123-2003, SEC.3.
IC 35-45-4-2
Prostitution
Sec. 2. A person who knowingly or intentionally:
(1) performs, or offers or agrees to perform, sexual intercourseor deviate sexual conduct; or
(2) fondles, or offers or agrees to fondle, the genitals of anotherperson;
for money or other property commits prostitution, a Class Amisdemeanor. However, the offense is a Class D felony if the personhas two (2) prior convictions under this section.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,P.L.340, SEC.77; Acts 1979, P.L.301, SEC.1; P.L.310-1983, SEC.3.
IC 35-45-4-3
Patronizing a prostitute
Sec. 3. A person who knowingly or intentionally pays, or offersor agrees to pay, money or other property to another person:
(1) for having engaged in, or on the understanding that the otherperson will engage in, sexual intercourse or deviate sexualconduct with the person or with any other person; or
(2) for having fondled, or on the understanding that the otherperson will fondle, the genitals of the person or any otherperson;
commits patronizing a prostitute, a Class A misdemeanor. However,the offense is a Class D felony if the person has two (2) priorconvictions under this section.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,P.L.340, SEC.78; Acts 1979, P.L.301, SEC.2; P.L.310-1983, SEC.4.
IC 35-45-4-4
Promoting prostitution Sec. 4. A person who:
(1) knowingly or intentionally entices or compels anotherperson to become a prostitute;
(2) knowingly or intentionally procures, or offers or agrees toprocure, a person for another person for the purpose ofprostitution;
(3) having control over the use of a place, knowingly orintentionally permits another person to use the place forprostitution;
(4) receives money or other property from a prostitute, withoutlawful consideration, knowing it was earned in whole or in partfrom prostitution; or
(5) knowingly or intentionally conducts or directs anotherperson to a place for the purpose of prostitution;
commits promoting prostitution, a Class C felony. However, theoffense is a Class B felony under subdivision (1) if the personenticed or compelled is under eighteen (18) years of age.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977,P.L.340, SEC.79; Acts 1978, P.L.148, SEC.6.
IC 35-45-4-5
Voyeurism; "peep" defined
Sec. 5. (a) A person:
(1) who:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person; or
(2) who peeps into an area where an occupant of the areareasonably can be expected to disrobe, including:
(A) restrooms;
(B) baths;
(C) showers; and
(D) dressing rooms;
without the consent of the other person, commits voyeurism, a ClassB misdemeanor.
(b) However, the offense under subsection (a) is a Class D felonyif:
(1) it is knowingly or intentionally committed by means of acamera, a video camera, or any other type of video recordingdevice; or
(2) the person who commits the offense has a prior unrelatedconviction:
(A) under this section; or
(B) in another jurisdiction, including a military court, for anoffense that is substantially similar to an offense describedin this section.
(c) "Peep" means any looking of a clandestine, surreptitious,prying, or secretive nature.
As added by P.L.311-1983, SEC.31. Amended by P.L.301-1995,SEC.1; P.L.215-1997, SEC.2; P.L.7-2005, SEC.1.