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  • Writer's pictureBrandon Hicks

Understanding Child Molesting Laws in Indiana 35-42-4-3: B. Hicks Law


Child molesting is a serious crime that carries significant legal consequences in the state of Indiana. The team at B. Hicks Law is dedicated to providing a fair and unbiased legal defense to individuals accused of child molesting. In this blog post, we'll explore the laws related to child molesting in Indiana and how we can assist those facing these charges.


Child Molesting Laws in Indiana


Indiana Code 35-42-4-3 defines child molesting and the varying degrees of this crime. Child molesting involves engaging in sexual conduct or fondling with a child under the age of fourteen with the intent to arouse or satisfy the sexual desires of either party.

The severity of the offense is categorized into different levels, depending on various factors:

1. Level 3 Felony:

  • Committed with a child under fourteen years old.

  • Involves sexual intercourse or other sexual conduct.

2. Level 1 Felony:

  • Committed by a person at least twenty-one years of age.

  • Involves the use or threat of deadly force or a deadly weapon.

  • Results in serious bodily injury.

  • Facilitated by furnishing the victim with a drug or controlled substance without their knowledge.

  • Results in the transmission of a serious sexually transmitted disease, and the offender was aware of their infection.

3. Level 4 Felony:

  • Committed with a child under fourteen years old.

  • Involves fondling or touching with intent to arouse or satisfy sexual desires.

4. Level 2 Felony:

  • Committed by using or threatening the use of deadly force.

  • Committed while armed with a deadly weapon.

  • Facilitated by furnishing the victim with a drug or controlled substance without their knowledge.

Defenses to Child Molesting Charges

In certain cases, individuals accused of child molesting may have defenses that can be presented in court:

1. Age Mistake: If the accused reasonably believed the child was sixteen years of age or older at the time of the conduct, it can be a defense unless other factors come into play.

2. Consent: Consent is a critical factor in many legal cases. If it can be proven that both parties engaged in the activity willingly and without coercion, this could be a valid defense.

3. Lack of Evidence: In any criminal case, the burden of proof rests with the prosecution. If there is insufficient evidence to support the allegations, the charges may be dropped or dismissed.


Our Commitment at B. Hicks Law

At B. Hicks Law, we are dedicated to providing a strong and compassionate defense for individuals accused of child molesting. We understand that these cases can be complex, and the stakes are high. Our legal team works tirelessly to ensure that every accused person receives a fair and unbiased defense, as it is their right under the law.


Our experienced criminal defense attorneys will examine every aspect of your case, from gathering evidence to questioning witnesses, to build a strong defense strategy. We will also explore potential defenses and work towards achieving the best possible outcome for your situation.


It is important to note that we do not pass judgment on those accused of this crime. We believe in the principle of "innocent until proven guilty," and we are here to protect your rights and advocate for your side of the story.


If you or someone you know is facing child molesting charges in Indiana, don't hesitate to reach out to us. We are here to help you navigate the legal process and ensure that you receive a fair and just defense. Contact B. Hicks Law today for a confidential consultation with one of our experienced attorneys.

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