What is Sexual Conduct in the Presence of a Minor?
Sex crimes that involve juveniles are taken particularly seriously in Indiana, and the Indiana Code includes a wide range of specific sex offenses that involve children. While the majority of these offenses that involve juvenile victims are crimes in which the child is subject to physical harm, there are also sex offenses involving children where the primary harm to the juvenile victim is psychological. Regardless of the type of sex offense you are facing, it is critical to know that you will likely be facing jail time or a prison sentence in addition to fines and the requirement of registering on the sex offender registry.
One type of sex offense that involves juveniles but may not actually involve any physical contact between the defendant and the juvenile victim or victims is the crime of sexual conduct in the presence of a minor. This particular offense is part of the same section of the Indiana Code as the offense of vicarious sexual gratification, which also does not necessarily involve physical contact between the defendant and the child. While these offenses might initially seem to be less serious given that physical contact may not be involved, it is critical to know that these are felony offenses with severe penalties upon conviction. Our Indianapolis sex crimes defense lawyer can explain in more detail.
Sexual Conduct in the Presence of a Minor
Under IC 35-42-4-5(c), a person who is 18 years old or older who knowingly or intentionally does one of the following, in the presence of a child under the age of 14, with “the intent to satisfy the sexual desires of the child or the older person” will have committed the offense of “performing sexual conduct in the presence of a minor”:
- Engages in sexual intercourse;
- Engages in other sexual conduct; or
- Touches or fondles the person’s own body.
To be clear, the elements of this offense do not involve any physical contact between the adult and the child. It is a Level 6 felony.
Vicarious Sexual Gratification
The related but different offense of vicarious sexual gratification can be charged in various circumstances in which an adult aged 18 or older “knowingly or intentionally directs, aids, induces, or causes a child…to touch or fondle himself or herself or another child…with intent to arouse or satisfy the sexual desire of a child or the older person.”
This offense is a Level 5 felony, but the severity of the felony charges can be increased or elevated if the juvenile victim was under 14, or in cases that involve serious bodily injury or the use of a deadly weapon or drug.
Contact Our Indianapolis Criminal Defense Lawyers as Soon as Possible for Assistance
If you or someone you care about is facing criminal charges for vicarious sexual gratification or sexual conduct in the presence of a minor, it is critical to know that these crimes are always felony offenses under Indiana law. In some cases, these offenses can be charged as especially serious felonies, up to a Level 2 felony under certain circumstances. It is critical to have one of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC on your side to assist with your defense. Contact us today to learn more about the criminal defense services we provide to clients in Indiana.
Source:
law.justia.com/codes/indiana/title-35/article-42/chapter-4/section-35-42-4-5/#:~:text=Vicarious%20Sexual%20Gratification%3B%20Sexual%20Conduct%20in%20Presence%20of%20a%20Minor,-Universal%20Citation%3A&text=This%20media%2Dneutral%20citation%20is,not%20necessarily%20the%20official%20citation.&text=(C)%20the%20commission%20of%20the,results%20in%20serious%20bodily%20injury
