Indiana Age of Consent Explained: All You Need to Know

Indiana’s Age of Consent: What Is It?

The state of Indiana, like many other states, has taken steps to regulate sexual activity to protect young minors from sexual abuse and exploitation. The age of consent in Indiana is 16, which under the law means that any person under the age of 16 is considered too young to consent to sexual activity. Any individual who engages in sexual conduct with another individual in which either of them is at least 16 years of age, but less than 18 years of age, commits child seduction, otherwise known as a level 6 felony; but may be mitigated to a class A misdemeanor if the victim is at least 14 years of age.
If either of the individuals involved in the sexual conduct is at least 18 years of age, the crime is classified as a level 5 felony; but may be mitigated to a class A misdemeanor if the victim is at least 14 years of age. If the victim is less than 14 years of age , the crime is a level 1 felony. Indiana’s age of consent is in line with a majority of the other states in the country, in that it generally ranges from 16 to 20, but is not specified in the laws of handwritten legislation. The laws of Indiana specify that "a person at least eighteen years of age who knowingly or intentionally persuades engages in sexual intercourse with a person under sixteen years of age commits child seduction…", and that "a person who knowingly or intentionally engages in sexual conduct with a child at least fourteen years of age but less than sixteen years of age commits child seduction …". While most all of the other states have a clearly defined age of consent for males and females, Indiana’s laws are not so clear cut. However, general consensus is that, with those laws, there is little ambiguity, and the age of consent is 16.

What Indiana’s Laws on Age of Consent Mean

Possible criminal charges resulting from sexual activity between an adult and a minor can be severe, sometimes including jail time, probation, or larger fines. The legal implications of Indiana’s age of consent laws are critical in determining if there is any possibility for legal actions facing those involved.
While there are no definitive terms or phrases that mean a person is guilty of engaging in sexual activity with a minor, law enforcement is very strict with regard to punishing offenders. There are a few key terms and phrases that are used in the case of a minor and adult engaging in sexual activity, which can help you better understand potential legal implications if you or someone you know is being investigated for breaking any of these laws.
Having sexual intercourse with a minor is a serious offense in Indiana. If you’re caught having sexual intercourse with a person less than 16 years of age, you will face charges of a class B felony, which can result in 6 to 20 years in prison. If the minor is between 16 and 18 years of age, it’s still a serious offense and classified as a class C felony. It can also result in a maximum punishment of 8 years in prison and a minimum punishment of 2 years in prison. This is true even if you are only 2 years older than the minor.
It is a class A misdemeanor if you’re charged with sexual misconduct with a minor. You can face criminal charges and face a year in jail plus fines if you are found guilty of sexual misconduct with a minor. It’s a class C felony and punishment if you’re more than 4 years older than the victim who was 16, 17, or 18-years-old. This is true if you have any sexual contact or make any sexual deviate contact with a minor who is at least 14 years old, or if the sexual conduct constitutes child molesting, or if the victim is less than 14 years old.
This is another serious crime in Indiana. Any adult who is over 21 years old and performs any sexual act with a minor under the age of 18 years is committing criminal sexual misconduct with a minor. You can face 3 and a half years in prison and a fine up to $10,000 if you are found guilty.
If a minor engages in sexual activity with someone they believe is an adult, but is actually a minor, there is no criminal liability. However, the individual who poses as an adult is still committing a crime due to illegal contact with the minor.
Indiana has legally defined the concept of prostitution in order to be able to enforce laws regarding prostitution and solicitation of minors. People who solicit minors are subjected to penalties for solicitation of prostitution. The penalty for this misdemeanor is one year in jail and a $5,000 fine, whereas a felony for the same crime can result in 8 years in prison and a fine of up to $10,000.
Keep in mind that there are other laws that can come into question when discussing sexual activity with minors, such as sex trafficking, child abuse, human trafficking and sexual exploitation of children.

Indiana Laws Regarding Statutory Rape and Exceptions

An exception to the rule on Indiana statutory rape law is codified through Indiana Code § 35-46-1-3(i), which requires a prosecutor in such a case to prove that the defendant was not no more than three years older than the victim and that the defendant committed the offense with neither the victim’s consent nor as a result of a mistaken belief by the defendant that the victim was fourteen years of age or older. Thus, given the specified circumstances and age requirements, such as the age of the victim, close-in-age exemptions are available if the accused is a minor charge with sexual misconduct with a minor or statutory sex offender.
For example, under Indiana law, it becomes a defense or an exception to the offense of sexual conduct with a minor if the defendant and the alleged victim are less than three years apart in age. This applies to situations in which one minor engages in sexual conduct with another minor who is at least 14 years old. Although the victim was age 13 or younger, if the 14 year old defendant is less than three years older than the alleged victim, he or she is likely to be unlikely to be charged with sexual conduct with a minor.

How Indiana Compares to Other States in the USA

Indiana is somewhat of an outlier when you compare it to its fellow Midwestern states. While Indiana has a responsive process for those who may have been convicted under a prior statute, the state’s current law does not allow close-in-age exceptions. This is in contrast to its bordering states, all of which have robust close-in-age laws, except for Michigan which does allow it.
Ohio: Ohio’s current version of their close-in-age exception allows for sexual conduct with someone age 13 but under the age of 16 if the other person is under the age of 18. Indiana’s close-in-age law does not allow something similar, as mentioned above.
Illinois: Illinois has an amended law that states a minor under the age of 18 can give consent to a person under the age of 18 and less than five years older. Indiana does not have this law , as stated above.
Kentucky: Kentucky has a close-in-age law in that permits sex of a minor above the age of 12 and less than 16 except in the case of sexual penetration. However, Kentucky does not allow any exemptions for sexual conduct, even with a close-in-age exception. Indiana does.
Tennessee: Tennessee has a very complicated close-in-age law that states an offense is committed with regard to sexual interaction with someone over the age of 12 by someone between the ages of 13 and 18, and if it occurs between someone under the age of 18 and a teacher or school employee it is automatically a felony. Tennessee’s registry is difficult to navigate and redact.
Michigan: Michigan allows for close-in-age exemptions.

Indiana’s Age of Consent: Recent Updates and Changes

A recent legislative development was enacted, raising the legal age of consent for minors engaging in sexual activity. A new bill signed on May 11, 2016 established the age of consent at 16 years. This bill applies to both women and men of Indiana.
Under Indiana law, an individual can be found guilty of the class B felony of sexual misconduct with a minor when the person engages in or knowingly or intentionally aids, induces, or causes, another person to engage in sexual intercourse or deviate sexual conduct with a child who is at least 14 years of age but less than the age of 16; the person is at least eighteen (18) years of age and at least four (4) years older than the other person. Under Indiana law, a class B felony is punishable by a range of six (6) to twenty (20) years in prison with 10 years being the suggested sentence. Sexual misconduct with a minor is a criminal offense that Indiana prosecutors have been aggressively pursuing under the new law.
This change has not only affected the legal proceedings, but also the community. Parents have become more aware of the new law since this bill was personally relatable, as the younger generations have either heard their parents discussing it or friends commenting on it.

Resources and Assistance for Understanding Indiana’s Laws

Resources and Support for Understanding Indiana Age of Consent Laws
Indiana Legal Help: This site provides information on Indiana’s legal aid organizations, courts, and other legal resources across the state, all carefully vetted for accuracy.
Indiana Legal Services (ILS): This nonprofit law firm offers assistance to low-income Hoosiers seeking help with civil legal issues. In particular, ILS helps people who experience domestic or sexual violence and need protection and guidance through the civil legal process. While legal advice is not always possible, referrals for other legal and social services and answers to common legal questions are available.
ImmigrationLawHelp.org: Run by the nonprofit Catholic Legal Immigration Network , Inc. (CLINIC), this website offers free resources and information on immigration laws and various legal issues facing immigrants. The website includes ways to find low-cost or no-cost legal assistance.
National Center for Victims of Crime: This page offers an overview of the legal options available to you if you’re a crime victim, and shares information on how the organization helps the nation’s crime victims.
RAINN (Rape, Abuse & Incest National Network): RAINN runs the National Sexual Assault Hotline as well as the Do TheSite.org site for those who have experienced sexual violence.
Children’s Law Center of Indiana: CLC advocates for Indiana’s high-risk children through legal assistance and public policy advocacy.