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  • Writer's pictureBrandon Hicks

Understanding Sexual Misconduct with Service Provider Laws in Indiana 35-44.1-3-10


Sexual misconduct with a service provider is a serious criminal offense in Indiana, governed by IC 35-44.1-3-10. At B. Hicks Law, we understand that facing such charges can be extremely distressing and may have severe consequences for your future. In this blog post, we aim to shed light on this law, its implications, and how our experienced criminal defense attorneys can help you if you're accused of sexual misconduct with a service provider.


Understanding the Legal Definitions

To grasp the implications of this law, it's essential to understand the legal definitions provided in IC 35-44.1-3-10:

  1. Lawful Supervision: This term refers to supervision by the Department of Correction, a court, a probation department, a community corrections program, a community transition program, or another similar program, or parole.

  2. Service Provider: A service provider is defined in two contexts:

    • For individuals subject to lawful detention, it includes public servants, persons employed by a governmental entity, or persons providing goods or services to someone under lawful detention.

    • For individuals subject to lawful supervision, it encompasses public servants, persons employed by a governmental entity to provide supervision, or persons employed by or contracting with a governmental entity to provide treatment or other services as a condition of lawful supervision.


Offenses and Penalties

The law outlines various offenses and penalties for sexual misconduct with a service provider:

a) A service provider who knowingly or intentionally engages in any fondling or touching with the intent to arouse or satisfy sexual desires commits sexual misconduct, a Level 6 felony. However, if the service provider engages in sexual intercourse or other sexual conduct, it is a Level 5 felony.

b) A service provider at least 18 years of age who knowingly or intentionally engages in fondling or touching with the intent to arouse or satisfy sexual desires with a person under 18 years of age and subject to lawful detention or supervision commits a Level 5 felony. If sexual intercourse or other sexual conduct is involved, it becomes a Level 4 felony.

c) In addition to any other penalty imposed, the court may order the offender to pay restitution for expenses related to pregnancy and childbirth if the pregnancy resulted from the offense.

d) Consent is not a valid defense in cases of sexual misconduct with a service provider.

e) This law doesn't apply to fondling, touching, sexual intercourse, or other sexual conduct between spouses.


How B. Hicks Law Can Help

If you or someone you know is facing charges of sexual misconduct with a service provider in Indiana, it's crucial to seek the expertise of a seasoned criminal defense attorney. At B. Hicks Law, we are committed to providing the highest level of legal representation.

Our experienced attorneys have a deep understanding of Indiana's criminal laws and will work diligently to protect your rights, build a strong defense, and pursue the best possible outcome for your case. We understand the complexities of sexual misconduct cases and will fight to ensure your voice is heard in court.


Sexual misconduct with a service provider is a serious matter that requires a skilled legal defense. If you find yourself facing such charges, don't hesitate to contact B. Hicks Law. We're here to support you, explain your rights, and help you navigate the legal process with confidence. Our team of expert criminal defense attorneys will work tirelessly to safeguard your future and ensure the best possible outcome for your case.

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