Indiana Sex Crime Charges

A sex crime accusation can affect your life before any court decides whether it is true. A detective may contact you, and a case can affect your home and your job. A conviction can mean prison and years on the sex and violent offender registry, or registration for life.

An accusation is not a conviction. The State has to prove every element beyond a reasonable doubt, and these cases often turn on credibility, timing, digital records and how the investigation was done. What you do in the first days can matter.

I found out a detective wants to talk to me. What should I do?

Talk to a lawyer before you talk to the detective. You have the right not to answer questions, and asking for a lawyer is not an admission. A detective may be friendly and may say they only want your side of the story. What you say can be used against you, even if you believe you are clearing things up.

Be careful in the meantime:

• Do not contact the person accusing you, directly or through friends or family, even to apologize or explain. That contact can be recorded, and it can lead to other charges.
• Watch for recorded calls. An accuser may call or text you while police listen or record.
• Preserve ordinary evidence. Keep messages, account records, receipts and other potential evidence. Do not alter evidence or reset a device to conceal information. Destroying or concealing evidence can create additional legal problems depending on the circumstances and your intent.
• Be careful with suspected illegal images. If you encounter suspected child sexual abuse material, do not copy it, forward it, download more of it or keep viewing it. Contact a lawyer immediately for advice about lawful reporting, device handling and any statutory defense. Do not email suspected illegal images to a law office.
• Do not agree to a polygraph, a phone search or a home search without talking to a lawyer first.

What are the main sex offenses in Indiana?

Indiana's sex crime statutes are mostly in Indiana Code 35-42-4. Common charges include:

• Rape: sexual intercourse or other sexual conduct when the other person is compelled by force or imminent threat of force, is unaware it is happening, is so mentally disabled or deficient that consent cannot be given, or when the accused disregarded the other person's attempts to physically, verbally or by other visible conduct refuse. It is a Level 3 felony. It is a Level 1 felony if committed by using or threatening deadly force or while armed with a deadly weapon, if it results in serious bodily injury, or if it was facilitated by a drug the victim was given without their knowledge.
• Child molesting: sexual intercourse or other sexual conduct with a child under 14 is a Level 3 felony, or a Level 1 felony if the accused is at least 21 or other listed circumstances apply. Fondling or touching a child under 14 with intent to arouse or satisfy sexual desires is a Level 4 felony, or a Level 2 felony in listed circumstances.
• Sexual misconduct with a minor: by a person 18 or older with a child under 16. Sexual intercourse or other sexual conduct is a Level 5 felony, or Level 4 if the accused is at least 21. Fondling or touching is a Level 6 felony, or Level 5 if the accused is at least 21. Listed circumstances, such as using or threatening deadly force, being armed with a deadly weapon, or a drug given without the child's knowledge, make it more serious.
• Sexual battery: touching with sexual intent when the person is compelled by force or imminent threat of force, or cannot consent because of a mental disability, or touching intimate parts when the person is unaware. It is a Level 6 felony, or Level 4 if committed by using or threatening deadly force, while armed with a deadly weapon, or with a drug given without the person's knowledge.
• Child seduction: specified sexual conduct involving minors and adults in defined positions of trust or authority. The precise relationship, use of influence, ages and conduct determine whether the statute applies and the felony level.
• Child solicitation: an adult asking a child under 14 to engage in sexual activity, or a person 21 or older asking a child 14 or 15. It can be charged even when the person contacted is an adult whom the accused believes to be a child. It is a Level 5 felony. Enhanced penalties can apply, including for certain requests involving a computer network and travel to meet, or a prior unrelated solicitation conviction.
• Sexual grooming: this offense applies to certain conduct by a person at least 18 involving someone the person believes is under 14. It includes specified sexual communications intended to gratify sexual desires, or repeated or continuous contact intended to condition the child to be less resistant to future sexual activity. It is generally a Class B misdemeanor, a Class A misdemeanor when committed through a computer network, and a Level 6 felony with a qualifying prior conviction. Statutory exceptions apply.

Other sexual conduct is a defined legal term. It covers contact between a sex organ and the mouth or anus of another person, and penetration of the sex organ or anus by an object.

What sentence could I face?

• Level 1 felony: 20 to 40 years, advisory 30. Specified Level 1 child molesting offenses carry 20 to 50 years, advisory 30.
• Level 2 felony: 10 to 30 years, advisory 17.5.
• Level 3 felony: 3 to 16 years, advisory 9.
• Level 4 felony: 2 to 12 years, advisory 6.
• Level 5 felony: 1 to 6 years, advisory 3.
• Level 6 felony: 6 months to 2.5 years, advisory 1 year.

Each felony level also allows a fine of up to $10,000. Adult felony sentences can carry nonsuspendible portions, depending on the offense, prior record and statutory exceptions.

A prior felony sex offense can add time. A court can add a term equal to the advisory sentence for the underlying offense, up to 10 years, for a person found to be a repeat sexual offender.

How does the sex offender registry work?

Many sex offense convictions require registration on the Indiana Sex and Violent Offender Registry. The listed offenses include rape, child molesting, child exploitation, child solicitation, child seduction, sexual battery, incest, and most sexual misconduct with a minor convictions.

Registration depends on the exact conviction and other legal obligations. Not every offense discussed on this page automatically requires registration. Juvenile adjudications have separate requirements and are not treated identically to adult convictions.

For most people, the requirement lasts 10 years after the last of release from prison or secure detention, or placement in a community transition program, community corrections, parole or probation. Time in custody does not count. Another jurisdiction's longer registration period may also matter.

You must register for life if:

• you are found to be a sexually violent predator;
• you were at least 18 and the victim was under 12;
• the offense caused serious bodily injury or death, or rendered the victim unconscious or otherwise incapable of giving voluntary consent;
• you used force or the threat of force, other than in a Level 6 sexual battery; or
• you are convicted of at least two unrelated listed offenses.

The duties are ongoing. You must report in person, register and be photographed at least once every 365 days, or every 90 days if you are a sexually violent predator, and report a change of address in person within 72 hours. Knowingly or intentionally failing to register, or not living at your registered address, is a Level 6 felony, or a Level 5 felony with a prior registration offense.

The sentencing court has some discretion in one narrow situation: a Level 5 sexual misconduct with a minor conviction, when the person is not more than four years older than the victim. The court can find the person should not have to register.

Where can I live and work if I am on the registry?

Restrictions depend on your classification. Being on the registry, being a sexually violent predator, being an "offender against children" and being a "serious sex offender" are different things, and they are not interchangeable.

An offender against children, which includes those convicted of child molesting, child exploitation, child solicitation or child seduction and sexually violent predators, generally cannot:

• live within 1,000 feet of school property, a youth program center, a public park or a licensed day care center;
• establish a residence within one mile of the victim's residence; or
• live in a home where child care is provided.

Violating these rules is a Level 6 felony. A sexually violent predator or offender against children can also commit a crime by working or volunteering in listed places, including schools, youth program centers, public parks, and other settings with unsupervised contact with children. A serious sex offender can commit a crime by entering school property or a place or event providing entertainment or programming primarily directed toward children, and a limited religious services defense exists. On probation, a sex offender must also generally consent to searches and monitoring of computers.

A person with only one qualifying conviction can petition to no longer be considered an offender against children, no earlier than 10 years after release from incarceration or parole, whichever is last, or release from probation if the person was not incarcerated. The court can dismiss the petition or hold a hearing with two appointed experts. This relief is not removal from the registry.

Whether a restriction applies can depend on the offense date, statutory classification, prior history and court orders. Older cases may raise constitutional limits on retroactive registration or residency requirements.

Is consent a defense?

In a rape or sexual battery case, the question is often whether the person was compelled by force or threat, was unaware, was unable to consent, or was attempting to refuse. Those are facts the State must prove. Evidence about what happened before and after, including messages between the two people, can matter.

Consent generally is not a defense when the other person is under the legal age. Indiana's general age of consent is 16. Child seduction covers older minors in certain relationships of trust, and the rules for images are different: age 16 does not make sexually explicit images lawful.

I thought the other person was older. Does that matter?

It can. Indiana law gives limited defenses:

• Reasonable belief about age. In a child molesting case, it is a defense that you reasonably believed the child was 16 or older. In a sexual misconduct case, it is a defense that you reasonably believed the child was at least 16. These defenses do not apply in the more serious cases listed in the statutes.
• Close in age. Indiana recognizes a limited defense to sexual misconduct with a minor when the accused is under 21, is no more than four years older than the other person, and the relationship and conduct satisfy every statutory condition. A dating relationship alone is not enough. The defense has additional restrictions involving deadly force, weapons, serious injury, drugs, authority or substantial influence, other sexual offenses and promoting prostitution.

Cases involving conduct by someone under 18 may proceed in juvenile or adult court. Some charges, including rape allegedly committed at age 16 or 17, fall directly within adult court jurisdiction. Other cases require separate jurisdictional analysis. Read more about Indiana juvenile defense.

Can I be convicted on one person's word alone?

It can happen. Indiana courts have long held that the testimony of a single witness, if believed, can support a conviction, even without physical evidence. That is why a thorough investigation by the defense matters. Timelines, messages, location data, witnesses, medical findings and prior statements can all bear on whether testimony should be believed.

Can my past or the accuser's past come in at trial?

• The accuser's sexual history. Evidence of an alleged victim's or witness's other sexual behavior or sexual predisposition is generally excluded. Limited exceptions may apply, including evidence identifying another source of physical evidence, qualifying conduct with the accused, or evidence constitutionally required for the defense. A specific motion, notice and a private hearing are required. The motion generally must be filed at least 10 days before trial unless the court allows another time for good cause.
• Your own past. Prior accusations, convictions or other acts are not automatically admissible simply because you are charged with a sex offense. Indiana generally prohibits using other acts merely to argue that you have a bad character and therefore committed the charged offense. Some evidence may be admitted for another legitimate purpose, such as motive, identity, intent or absence of mistake. Admissibility, notice and unfair prejudice must be evaluated carefully.
• A child's statements. A child's recorded interview or out-of-court statement is not automatically admissible. A court must hold a hearing and find sufficient indications of reliability, and there are requirements about notice and the child's testimony or unavailability. A child's testimony can sometimes be taken by closed circuit television. The defense should examine whether the statutory and constitutional requirements were met.

How long after the event can I be charged?

Indiana's filing deadlines depend on the particular offense, its severity, the alleged victim's age, and the law applicable to the alleged conduct. Several listed offenses against children generally may be charged before the alleged victim turns 31. Other offenses have different deadlines, and qualifying DNA evidence, recordings or confessions can affect the analysis.

Older allegations require a careful review of the statutory history. A later law cannot constitutionally revive a prosecution after its applicable filing deadline has already expired. Do not assume an allegation is timely, or too late, based only on how many years have passed.

What about online cases and images?

Indiana treats these as serious felonies. Possessing or accessing child sexual abuse material with intent to view it is generally a Level 6 felony, or a Level 4 felony with a prior sex offense or when the image involves a child under 12, violence or certain other conduct. Distributing it is generally a Level 5 felony, with Level 3 enhancements. The law also reaches certain obscene simulated images, and for those an actual child need not exist. A narrow defense exists for a person who had fewer than three images and promptly acted in good faith. The statute took effect July 1, 2026.

Child solicitation can be charged after an undercover contact, because the law covers a person the accused believes to be a child. These cases often turn on how the evidence was found, who had access to the device, and whether police had a valid warrant. Talk to a lawyer before you do anything with a device.

What else can happen while a case is pending?

• No contact and bond conditions. A judge can bar contact with the accuser and, in some cases, with your own children. Some people may have to leave their home.
• DCS. When a child is involved, the Department of Child Services may open its own assessment or a child in need of services case. It can affect your parenting time. Confidential DCS records can be made available to investigating police and prosecutors, so what you say to a caseworker can reach them.
• Family court. An allegation can come up in a divorce or custody case at the same time, and testimony in one case can affect the other.
• Work and licenses. People with state licenses or background checks, such as teachers, nurses and coaches, may face a separate process.

Can a sex offense conviction be expunged?

Many felony sex convictions cannot be expunged under Indiana's ordinary conviction expungement statutes. A conviction can remain ineligible even when it does not require sex offender registration. Some misdemeanor convictions may qualify, depending on the offense, the person's status and the statutory requirements. Dismissed charges, acquittals and juvenile records involve different rules. Read more about Indiana expungement.

What should I do if I am accused or charged?

• Stay silent about the facts. Do not discuss the case with police, the accuser, family, friends or coworkers, and do not post about it.
• Follow every court order. Read your bond and no contact order carefully, and ask your lawyer before you do anything you are unsure about.
• Preserve ordinary evidence. Keep messages, social media, photos of events, receipts and location data as they are. Follow the warning above about suspected illegal images.
• List your witnesses and dates while they are fresh, and share them only with your lawyer.
• Talk to a lawyer early. Early work can matter before charging decisions are made.

Every case depends on its own facts. This page is general information, not legal advice, and past results do not guarantee a similar outcome. Last reviewed October 31, 2026.