Vicarious sexual gratification; sexual conduct in presence of a
minor
Sec. 5. (a) A person eighteen (18) years of age or older who
knowingly or intentionally directs, aids, induces, or causes a child
under the age of sixteen (16) to touch or fondle himself or another
child under the age of sixteen (16) with intent to arouse or satisfy the
sexual desires of a child or the older person commits vicarious sexual
gratification, a Class D felony. However, the offense is:
(1) a Class C felony if a child involved in the offense is under
the age of fourteen (14);
(2) a Class B felony if:
(A) the offense is committed by using or threatening the use
of deadly force or while armed with a deadly weapon; or
(B) 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; and
(3) a Class A felony if it results in serious bodily injury.
(b) A person eighteen (18) years of age or older who knowingly
or intentionally directs, aids, induces, or causes a child under the age
of sixteen (16) to:
(1) engage in sexual intercourse with another child under
sixteen (16) years of age;
(2) engage in sexual conduct with an animal other than a human
being; or
(3) engage in deviate sexual conduct with another person;
with intent to arouse or satisfy the sexual desires of a child or the
older person commits vicarious sexual gratification, a Class C felony.
However, the offense is a Class B felony if any child involved in the
offense is less than fourteen (14) years of age, and it is a Class A
felony if the offense is committed by using or threatening the use of
deadly force, if it is committed while armed with a deadly weapon,
if it results in serious bodily injury, or if 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) A person eighteen (18) years of age or older who knowingly
or intentionally:
(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct; or
(3) touches or fondles the person's own body;
in the presence of a child less than fourteen (14) years of age with the
intent to arouse or satisfy the sexual desires of the child or the older
person commits performing sexual conduct in the presence of a
minor, a Class D felony.
As added by P.L.183-1984, SEC.4. Amended by P.L.79-1994,
SEC.13; P.L.31-1998, SEC.6; P.L.118-2002, SEC.1; P.L.123-2003,
SEC.1.
Last modified: May 24, 2006