Understanding the Offense of Child Molesting
The Indiana Code includes a wide range of sex offenses that involve juvenile victims. These offenses fall under Chapter 4 of the Indiana Code, which focuses on sex crimes. The offenses involving juveniles within this chapter range from child molesting to inappropriate communication with a child, with various offenses in between. The specific offense of child molesting is complicated because the Indiana Code includes multiple definitions of this offense with separate felony charges. An Indianapolis criminal defense attorney at Rigney Law LLC can provide you with more information about the elements of child molesting that a prosecutor must prove to get a conviction.
If you are facing any type of child molesting charges in Indiana, it is crucial to seek legal advice as soon as possible.
Different Elements of Child Molesting in Indiana
Under IC 35-42-4-3, child molesting can be charged, and a person may be convicted, if the prosecution can prove one of the following:
1) A person knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct with a child under the age of 14 (IC 35-42-4-3-(a)); or
2) A person knowingly or intentionally performs or submits to fondling or touching (of either party) with the intent to arouse or satisfy the sexual desire of either party with a child under the age of 14 (IC 35-42-4-3-(b)).
As you can see, the offense of child molesting occurs when there is a juvenile victim under the age of 14, and it can involve either 1) sexual intercourse or other sexual conduct with the child, or 2) fondling or touching with intent to arouse or satisfy sexual desires.
The Indiana Code also allows for the charge of “attempted child molesting” under this section.
Felony Levels for Child Molesting
The definition of child molesting that can be charged under IC 35-42-4-3-(a) — involving sexual intercourse or other sexual conduct — is a Level 3 felony offense, but it can be charged as a Level 1 felony in a variety of circumstances, including if the offender is at least 21 years old, if deadly force or a deadly weapon was used, if the juvenile was given a controlled substance or another drug, or if the offense results in bodily injury or the transmission of a sexually transmitted infection.
The definition of child molesting that can be charged under IC 35-42-4-3-(b) — involving fondling or touching with intent to arouse or satisfy sexual desires — is a Level 4 felony offense, but it will be charged as a Level 2 felony in certain circumstances, including if deadly force or a deadly weapon was used, or if the juvenile was given a controlled substance or another drug.
Contact Our Indianapolis Criminal Defense Attorneys
Child molesting is among the most serious types of sex crimes involving juveniles in Indiana, and depending on the specific circumstances of the case, a person facing these charges could be facing up to the penalties of a Level 1 felony in the state — the most serious type of felony other than murder. If you are facing charges, you should seek assistance with your defense strategy as soon as possible. To consider your options, it is important to get in touch with one of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC. Contact us today for more information about how we can help with your defense.
Source:
casetext.com/statute/indiana-code/title-35-criminal-law-and-procedure/article-42-offenses-against-the-person/chapter-4-sex-crimes/section-35-42-4-3-child-molesting
