Child molesting
Sec. 3. (a) A person who, with a child under fourteen (14) years
of age, performs or submits to sexual intercourse or deviate sexual
conduct commits child molesting, a Class B felony. However, the
offense is a Class A felony if:
(1) it is committed by a person at least twenty-one (21) years of
age;
(2) it is committed by using or threatening the use of deadly
force or while armed with a deadly weapon;
(3) it results in serious bodily injury; or
(4) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(b) A person who, with a child under fourteen (14) years of age,
performs or submits to any fondling or touching, of either the child
or the older person, with intent to arouse or to satisfy the sexual
desires of either the child or the older person, commits child
molesting, a Class C felony. However, the offense is a Class A
felony if:
(1) it is committed by using or threatening the use of deadly
force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the
victim, without the victim's knowledge, with a drug (as defined
in IC 16-42-19-2(1)) or a controlled substance (as defined in
IC 35-48-1-9) or knowing that the victim was furnished with the
drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that
the child was sixteen (16) years of age or older at the time of the
conduct.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977,
P.L.340, SEC.38; Acts 1978, P.L.82, SEC.2; Acts 1981, P.L.301,
SEC.1; P.L.79-1994, SEC.12; P.L.33-1996, SEC.8; P.L.216-1996,
SEC.18; P.L.31-1998, SEC.5.
Last modified: May 24, 2006