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  • Writer's pictureBrandon Hicks

Defending Your Rights: Understanding Indiana's Prostitution Laws 35-45-4-2


In the state of Indiana, engaging in prostitution can result in serious legal consequences, including hefty fines and potential imprisonment. Understanding the intricacies of the law and your rights is crucial when faced with charges related to prostitution. At B. Hicks Law, we specialize in criminal defense, helping individuals navigate the legal complexities surrounding offenses like prostitution. In this blog post, we'll shed light on Indiana Code 35-45-4-2, the state's prostitution statute, and explore the defense options available to those accused of this crime.


Understanding the Provisions of IC 35-45-4-2:

IC 35-45-4-2 outlines the elements of prostitution in Indiana. According to the statute:

Section 2(a): A person aged eighteen or older who knowingly or intentionally performs, offers, or agrees to perform sexual intercourse or other sexual conduct for money or other property, or fondles, or offers or agrees to fondle, another person's genitals commits prostitution. This offense is classified as a Class A misdemeanor. However, if the person has two prior convictions under this section, the offense is elevated to a Level 6 felony.

Section 2(b): A crucial aspect of the statute is the provision of a defense to prosecution. It states that it is a defense to a prosecution under this section if the person engaging in prohibited conduct was a victim or an alleged victim of an offense under IC 35-42-3.5-1 through IC 35-42-3.5-1.4 at the time of engagement.


Navigating the Legal Landscape:

When facing charges under IC 35-45-4-2, it is imperative to have a strong legal defense. B. Hicks Law specializes in criminal defense and has a proven track record of helping individuals secure the best possible outcome in their cases.

Defense Strategy 1: Victim Status The law recognizes that individuals engaged in prohibited conduct may be victims themselves. If you were a victim or alleged victim of an offense under IC 35-42-3.5-1 through IC 35-42-3.5-1.4 at the time of engagement, this can serve as a powerful defense.

Defense Strategy 2: Challenging Evidence Our experienced attorneys will meticulously review the evidence against you, ensuring that proper procedures were followed during the investigation and arrest. Any violations of your rights may be used to challenge the prosecution's case.

Defense Strategy 3: Prior Convictions If you have prior convictions under this section, we will explore every avenue to minimize the impact on your current case. Our goal is to secure the best possible outcome, considering your unique circumstances.


Facing charges related to prostitution can be overwhelming, but with the right legal representation, you can navigate the complexities of the law and protect your rights. At B. Hicks Law, we are committed to providing a robust defense for individuals accused of prostitution under IC 35-45-4-2. Contact us today to schedule a consultation and let us guide you through the legal process.

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