What is the Age of Consent in Indiana?
In order for two people to engage in lawful sexual activity with one another, both parties must consent to engage in that sexual activity. Yet in many circumstances when a minor is involved, the minor is not of the “age of consent” under Indiana law. Each state has its own age of consent for different types of sexual activity, and there are varying state laws concerning age gaps between seemingly consenting parties engaged in sexual activity. In other words, what might be legal in one state might be unlawful in another state, depending not only on the age of a person under the age of 18, but also the age gap between the parties.
What is the age of consent in Indiana? It depends on the situation, the age gap between the parties, and the type of relationship between the parties. Our Indianapolis sex crime defense lawyers can explain in greater detail.
Age of Consent is Generally 16 Years Old
While there is no specific criminal offense called “statutory rape” in Indiana, there is a criminal offense defined as “sexual misconduct with a minor” that is, in effect, a statutory rape law in the state. Under IC 35-42-4-9, the general age of consent for a minor with another person aged 19 or older is 16 years old. In other words, 16 is the general age of consent under Indiana law. Once a juvenile is 16 years of age or older, then specific offenses concerning sexual activity or engagement with a minor are no longer applicable. It can be a defense to a sex crime involving a juvenile victim if the accused person believed that the juvenile was 16 years of age or older.
Indiana law presumes that any juvenile under the age of 16 (i.e., aged 15 or younger) cannot consent to sexual activity or any kind of sexual engagement. The only exception is when a minor aged 14 or 15 is in a consensual relationship with another person who is less than four years older than them.
Age of Consent Goes Up When the Adult is in a Position of Authority
The age of consent goes up to 18 years old under Indiana law when the adult involved in the sexual activity is a person in a position of authority over the minor. For example, a teacher or a coach cannot lawfully engage in any sexual activity with a juvenile. In order for sexual activity to be lawful, both parties must be at least 18 years old.
Age Gap Matters for Sentencing
When a juvenile is under the age of 16, a person accused of engaging in any kind of sexual activity with that juvenile will face more severe penalties if they are at least 21 years of age or older (versus being only 18 years of age or older, but still under the age of 21).
When the juvenile is under the age of 14 (making the age gap at least 4 years with the adult accused of the offense), the crime of child molestation is often charged under IC 35-42-4-3, which is a much more serious felony offense.
Contact an Indianapolis Sex Crimes Defense Lawyer Today
If you are facing any type of sex crime charge involving a juvenile victim, it is essential to seek help with your defense from an experienced Indianapolis sex crimes defense attorney at Rigney Law LLC. Contact us today about your case.
Sources:
law.justia.com/codes/indiana/title-35/article-42/chapter-4/section-35-42-4-9/
law.justia.com/codes/indiana/title-35/article-42/chapter-4/