Sexual Battery in Indiana
Being charged with Domestic Battery can be a result of various allegations or actions. Almost any kind of unwanted sexual attention may result in a sexual assault charge, such as rape, sexual harassment, voyeurism, or exhibitionism.
Once you retain a criminal defense attorney for the sexual battery case, your conversations with the attorney are privileged and confidential.
The initial consultation can take place via video or in person. If a loved one is incarcerated for a sexual crime, criminal defense attorney Greg Spencer offers video or phone consults for inmates in most jails or prisons.
A range of punishment for a sex crime can range from 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 1 – Felony : (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.
- A person who intends to arouse their own sexual desires or that of another,
- 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 4 – Felony : same as above by the defendant is at least twenty-one.
- Level 1 – Felony : 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 5 – Felony : same as above by the defendant is at least twenty-one.
- Level 2 – Felony : 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.
