Can a Minor Be Charged with Sex Crimes Involving a Juvenile Victim?
Sex crimes with juvenile victims are charged under IC 35-42-4, and charges are frequently brought against adults who have been accused of engaging in some form of sexual activity or other sexual engagement with a minor. Indeed, many people assume that sex crimes involving juvenile victims almost always involve adults. However, a minor — someone under the age of 18 — can also be charged with various sex crimes involving juvenile victims, and it is critical for parents to understand that the consequences can be extremely serious. Even juveniles who are convicted of sex offenses involving other juveniles can be required to register as sex offenders in Indiana or sentenced to a term of incarceration or confinement, in addition to other penalties.
When can a minor face sex crime charges for an offense involving a juvenile victim? Our Indianapolis sex crimes defense attorneys can provide you with more information.
Juveniles Commit Sex Crimes Against Other Juveniles
Many people do not realize it, but a relatively significant portion of sex offenses against juveniles are committed by other juveniles. According to a report commissioned by the US Department of Justice (DOJ), more than one-third of sex offenses involving juvenile victims are actually committed by minors, and it is important to understand that minors who commit such offenses often face criminal charges and criminal convictions. The majority of juvenile offenders, according to that report, are aged 12 and up.
In Indiana, certain sex crime charges can result in juveniles being charged as adults. Under IC 31-30-1-4, a juvenile can be charged as an adult with certain felony sex crimes, including those involving a juvenile victim, at the age of 16.
Juveniles Can Face the Same Types of Sex Crimes Charges as Adults
A person can be accused of — and charged with — any type of sex offense or sex crime under the Indiana Code that does not have an age specification attached to it regardless of whether the person is an adult or a minor. In other words, juveniles can face charges for most of the very same types of offenses as adults.
Accordingly, a juvenile can face charges for offenses such as child molesting, child exploitation, possession of child pornography, or sexual battery. There are some specific offenses in the Indiana Code that can only be charged if the person accused is at least 18 years old. Otherwise, a minor can face the same charges that an adult would face. Similar to charges against an adult, when a minor is charged with a sex crime, the offense is typically charged as a more serious crime (either a more serious misdemeanor or felony, depending on the specific offense) when aggravating circumstances are present. For example, an offense can be charged as a more serious crime when it is committed with a deadly weapon.
Contact Our Indianapolis Sex Crimes Defense Attorney Today for Assistance
Is your child currently facing sex crime charges in Indiana? It is essential to take these charges extremely seriously and to seek advice from one of the experienced Indianapolis sex crimes defense lawyers at Rigney Law LLC as soon as possible. We can speak with you today to assess the case against your child and can begin discussing defense strategies that can help your teenager to avoid a conviction for an extremely serious offense. Contact our firm today to learn more about the services we provide to clients facing charges for sex crimes in Indiana.
Sources:
law.justia.com/codes/indiana/title-35/article-42/chapter-4/
ojp.gov/pdffiles1/ojjdp/227763.pdf
law.justia.com/codes/indiana/title-31/article-30/chapter-1/section-31-30-1-4/