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  • Writer's pictureBrandon Hicks

Promotion of child sexual trafficking: Understanding IC 35-42-3.5-1.2

Child trafficking is a grave issue that affects the most vulnerable in our society. In the state of Indiana, the law takes a strong stance against individuals involved in the promotion of child sexual trafficking. At B. Hicks Law, we are committed to defending those who find themselves facing legal charges and ensuring that their rights are protected. In this blog post, we will delve into the specifics of Indiana Code (IC) 35-42-3.5-1.2, which addresses the promotion of child sexual trafficking and promotion of sexual trafficking of a younger child. We'll provide insights and guidance to help you understand this complex law and what it means for those charged with these offenses.

Understanding IC 35-42-3.5-1.2

IC 35-42-3.5-1.2 outlines the legal framework for addressing the promotion of child sexual trafficking and promotion of sexual trafficking of a younger child in the state of Indiana. Let's break down the key elements of this statute: (a) Promotion of Child Sexual Trafficking This subsection pertains to individuals who knowingly or intentionally recruit, entice, harbor, or transport a child under the age of eighteen with the intent of causing the child to engage in:

  1. Prostitution or juvenile prostitution.

  2. A performance or incident that includes sexual conduct, which violates IC 35-42-4-4(b) or IC 35-42-4-4(c), relating to child exploitation.

A violation of this subsection constitutes a Level 3 felony. It's essential to note that consent by the child or the intended victim being a law enforcement officer is not a valid defense. (c) Promotion of Sexual Trafficking of a Younger Child This subsection deals with the recruitment, enticement, harboring, or transportation of a child under the age of sixteen with the intent of inducing or causing the child to participate in sexual conduct. Committing this offense is a Level 3 felony. However, there are exceptions, which constitute a defense to a prosecution under this subsection. These exceptions include scenarios where:

  1. The child is at least fourteen but less than sixteen years of age, and the person is less than eighteen years old.

  2. The person is not more than four years older than the victim, and there is an ongoing personal relationship (excluding family relationships).

These specific situations are considered exceptions to the crime, provided that additional criteria are met. It's also important to note that the person must not have committed another sex offense against any other person and must not be promoting prostitution with respect to the victim.

Promotion of child sexual trafficking and promotion of sexual trafficking of a younger child are serious offenses in Indiana. Those charged with these crimes face Level 3 felony penalties, which can have life-altering consequences. At B. Hicks Law, we understand the complexities of these cases and are committed to providing a strong defense for our clients. If you or someone you know is facing charges related to these offenses, it's essential to seek legal counsel from experienced criminal defense attorneys. Our team at B. Hicks Law has the knowledge and expertise to navigate these complex legal matters and protect your rights. For more information or to schedule a consultation, please don't hesitate to contact us. Our team is here to provide the guidance and support you need during this challenging time. Your child's future and your own freedom are of paramount importance, and we are dedicated to helping you secure the best possible outcome in your case.

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