Facing Charges for Sexual Misconduct with a Minor

Anyone who has been accused of a sex crime in Indiana or is facing charges for any sex crime needs to take their case extremely seriously. Unlike other types of criminal offenses in Indiana, a conviction for a sex crime or sex offense can result in required sex offender registration in addition to other common criminal and civil consequences. Sex crimes involving minors are taken particularly seriously in Indiana, and it is essential to know that you could be facing significant penalties in the event of a conviction. Given that there are many different types of sex offenses under Indiana law involving minors, it is important to understand the specific elements of the offense for which you are likely to be charged or have been charged.

Our Indianapolis sex crime defense attorneys can discuss the particular circumstances of your arrest with you, along with your charges. In the meantime, we want to provide you with detailed information in the event you are facing charges for “sexual misconduct with a minor,” a commonly charged sex offense in Indiana.

Understanding the Elements of Sexual Misconduct With a Minor 

First, it is essential to understand the elements of the offense you are facing. Section 35-42-4-9 of the Indiana Code defines sexual misconduct with a minor as one of two circumstances:

• “A person at least eighteen (18) years of age who knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct with a child less than sixteen (16) years of age, commits sexual misconduct with a minor.”

In general, the offense is a Level 5 felony. However, the offense can be much more serious depending on the circumstances. If the offender is at least 21 years old, then the offense will be charged as a Level 4 felony. If the offense is committed with the threat of deadly force, with the use of a deadly weapon, by drugging the victim, or if it results in serious bodily injury, then it will be charged as a Level 1 felony.

• “A person at least eighteen (18) years of age who knowingly or intentionally performs or submits to any fondling or touching with a child less than sixteen (16) years of age with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits sexual misconduct with a minor.”

In general, this second definition is a Level 6 felony, but it will become a Level 5 felony if the offender is 21 years old or more. The offense will also become a Level 2 felony if it is committed with the threat of deadly force, with the use of a deadly weapon, or by drugging the victim.

Know That Defenses Are Available 

The best defense in your case will depend on the particular facts and circumstances. In general, being able to defend against any element of the crime can be a strong defense, from proving that there was no intent or knowledge of the victim’s age, that no weapon or threat or drug was involved, or a case of mistaken identity. In some cases, constitutional violations may also be strong defenses, such as a case where evidence of the crime was obtained through a violation of the Fourth Amendment.

Contact Our Indianapolis Sex Crime Defense Attorneys Today 

If you have been arrested for or charged with sexual misconduct with a minor, it is essential to seek advice from an experienced Indianapolis sex crime lawyer at Rigney Law LLC as soon as possible. We can speak with you today to learn more about the circumstances of your arrest and can begin working with you to build a strong defense strategy that is tailored to the facts of your case.