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  • Writer's pictureBrandon Hicks

Understanding Indiana's Sexual Battery Laws 35-42-4-8: A Guide by B. Hicks Law

Sexual offenses can be highly sensitive and complex, both for those accused and for society as a whole. At B. Hicks Law, we believe in providing comprehensive legal support for individuals facing criminal charges while ensuring respect and fairness throughout the legal process. In this blog post, we will delve into Indiana's sexual battery laws, specifically IC 35-42-4-8, which addresses sexual battery. Our aim is to provide you with a clear understanding of this law and the potential consequences involved, while avoiding judgment towards individuals accused of committing such offenses.

IC 35-42-4-8: Sexual Battery Defined

IC 35-42-4-8 outlines the definition and consequences of sexual battery in the state of Indiana. Sexual battery is a criminal offense committed with the intent to arouse or satisfy one's sexual desires or those of another person. This law distinguishes between various circumstances under which sexual battery can occur:

1. Non-consensual Touching

  • (a)(1)(A): Touching another person when that person is compelled to submit to the touching by force or the imminent threat of force.

  • (a)(1)(B): Touching another person when that person is so mentally disabled or deficient that consent to the touching cannot be given.

2. Unaware Touching

  • (a)(2): Touching another person's genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring.

Levels of Felonies

The severity of sexual battery charges varies based on the circumstances of the offense. In Indiana, sexual battery is classified as a Level 6 felony. However, it can be elevated to a Level 4 felony under specific conditions:

  • (b)(1): When committed using or threatening the use of deadly force.

  • (b)(2): When committed while armed with a deadly weapon.

  • (b)(3): When the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug or a controlled substance, or when the offender knows that the victim was furnished with such substances without their knowledge.

Respect and Fairness in Legal Proceedings

It is essential to remember that individuals accused of sexual battery, like any other criminal offense, are entitled to a fair legal process and representation. B. Hicks Law is dedicated to ensuring that the rights of the accused are upheld while providing them with comprehensive legal support.


Understanding Indiana's sexual battery laws, as outlined in IC 35-42-4-8, is crucial for individuals facing such charges and their legal representation. At B. Hicks Law, we are committed to upholding the principles of justice and respect throughout the legal process. Our goal is to provide fair and effective legal assistance to all our clients, regardless of the charges they face. If you or someone you know is in need of legal counsel regarding sexual battery or any other criminal matter, don't hesitate to contact B. Hicks Law for experienced and compassionate support.

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