Sexual Offenses

sexual-offenses-attorney-indianapolis-greg-spencer-lawIf you’ve been charged with a sexual assault charge, this can stem from a number of allegations or actions. The bottom line is that any kind of unwanted sexual attention can cause you to be charged with a sexual assault. Whether you have been charged with rape, sexual harassment, voyeurism, or exhibitionism, contact experienced criminal defense attorney in Indianapolis IN Greg Spencer for a free initial consultation. The nature of your charge will depend on the type of punishment you receive if you are found guilty.

The most important aspect to remember when you meet with Attorney Greg Spencer is that your conversations are protected by the attorney client privilege. What this means is that anything you say to your attorney as you are discussing your case, can’t be told to anyone. It’s important that you be completely honest when meeting with your attorney so that your defense can be built upon a foundation of factual information that you provide to Attorney Spencer.

If your alleged crime involves a police report, make sure to get a copy of this report when you come to arrive for your initial consultation. The more information you can provide to Attorney Greg Spencer in Indianapolis IN , the easier it will be to assess your case. Depending on the nature of the crime you are being charged with, you will be asked a multitude of questions regarding the incident for which you are charged.

The more you can remember about the incident, the better prepared your defense will be. Leaving out important information will only hurt your case in the long run, and it’s necessary not to skip facts that you don’t believe will help your case. Let Attorney Greg Spencer decide what is necessary for your defense, and don’t worry that you will sound guilty to your attorney. Criminal Defense Attorney Greg Spencer is a skilled litigator, and ready to take on your sexual assault charges.

A Level 6-Felony carries a sentence of six  months to two and a half  years. A Level 5-Felony carries a sentence of one  to six years. A Level 4-Felony carries a sentence of two to twelve years. A Level 3-Felony carries a sentence of three  to sixteen  years. A Level 2-Felony carries a sentence of ten  to thirty years. Finally, a Level 1- Felony carries a sentence of twenty  to forty years.

RAPE: IC 35-42-4-1

  • Level 3-Felony: A person who knowingly or intentionally has sex with a member of the opposite sex by (1) force or imminent threat thereof, (2) while the other person is unaware, and/or (3) the other person is disabled or has deficient mental capacity to consent.
  • Level 1-Felony: Same as above but (1) deadly force or threat thereof is used, (2) a deadly weapon is used, (3) serious bodily injury is involved, and/or (4) the victim was drugged and you supplied it or knew they were under the influence of it without consent.

CHILD MOLEST: IC 35-42-4-3

  • Sexual Intercourse and/or Deviate Sexual Conduct:
    • Level 3-Felony: A person performs sexual intercourse and/or deviate sexual conduct with a child under fourteen (14).
    • Level 1-Felony: Same as above, but: (1) the defendant was twenty-one (21), (2) deadly force is used or threatened, (3) it results in serious bodily injury, and/or (4) the victim was drugged and you supplied it or knew they were given it without consent.
  • Sexual Fondling and/or Touching:
    • Level 4-Felony: A person performs any fondling or touching of a child under fourteen (14) with the intent to arouse or to satisfy sexual desires of the child or themselves.
    • Level 1Felony: (1) deadly force or threat thereof is used, (2) a deadly weapon is used, and/or (3) the victim was drugged and you supplied it or knew they were under the influence of it without consent.
  • Defense IC 35-42-4-3 (d): it is a legal defense if the defendant believed that the victim was sixteen (16) at the time of the alleged molestation.

POSSESSION OF CHILD PORNOGRAPHY: IC 35-42-4-4

  • Creating Pornography:
    • Level 5-Felony:  Child Exploitation: A person who knowingly or intentionally: manages, produces, sponsors, photographs, videos, etc., images of sexual conduct involving a child under eighteen.
  • Disseminating:
    • Level 5-Felony:  Child Exploitation: A person who disseminates or offers to distribute sexual images of children under eighteen.
  • Possession:
    • Level 6-Felony: Other than for artistic reason, a person that possesses an image  of sexual conduct of a minor under sixteen.

CHILD SOLICITATION: IC 35-42-4-6

  • Definition: solicit means to “command, authorize, urge, incite, request, or advise an individual: – in person, – by telephone, – in writing, – by using a computer network, – by advertisement of any kind; or, – by any other means; to perform an act” of sexual intercourse, deviate sexual conduct, and/or sexual fondling/touching.
  • Children Under Fourteen, Defendant Eighteen or Older:
    • Level 5-Felony: a person who is at least eighteen  who knowingly or intentionally solicits a child under fourteen.
    • Level 4-Felony: same as above, but with a computer through a network
    • Level 4-Felony: same as above, but with a prior conviction for using this offense using a computer and network.
  • Children Between Fourteen and Sixteen, Defendant Twenty-One or Older:
    • Level 5-Felony: a person who is at least twenty-one  who knowingly or intentionally solicits a child at least fourteen  but less than sixteen.
    • Level 4-Felony: same as above, but with a computer through a network
    • Level 4-Felony: same as above, but with a prior conviction for using this offense using a computer and network.

SEXUAL BATTERY: IC 35-42-4-8

  • Level 6-Felony:
    • A person who intends to arouse their own sexual desires or that of another,
      • Touches another person, and that victim is (1) compelled to accept the touching by force or imminent force, and/or (2) is disabled or mentally deficient as to not be able to consent.
      • Touches another person’s genitals, pubic area, buttocks, and/or female breast when the person is unaware of said touching.
  • Level 4-Felony: Same as above but  deadly force or threat thereof is used, a deadly weapon is used, and/or the victim was drugged and you supplied it or knew they were under the influence of it without consent.

SEXUAL MISCONDUCT WITH A MINOR: IC 35-42-4-9

  • Sexual Intercourse and/or Deviate Sexual Conduct:
    • Level 5-Felony: a person at least eighteen  performs sexual intercourse or deviate sexual conduct with a child at least fourteen  but less than sixteen.
    • Level 4Felony: same as above by the defendant is at least twenty-one.
    • Level 1Felony: at least eighteen  and the person- uses deadly force or threat thereof, – causes serious bodily injury, and/or -the victim was drugged and you supplied it or knew they were under the influence of it without consent.
  • Sexual Touching and/or Fondling:
    • Level 6-Felony: a person at least eighteen  performs to sexual touching and/or fondling  with a child at least fourteen but less than sixteen.
    • Level 5Felony: same as above by the defendant is at least twenty-one.
    • Level 2Felony: at least eighteen  and the person  uses deadly force or threat thereof, causes serious bodily injury, and/or  the victim was drugged and you supplied it or knew they were under the influence of it without consent.