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Understanding Vicarious Sexual Gratification Laws in Indiana 35-42-4-5


At B. Hicks Law, we understand that legal issues can be complex and sensitive. We believe in providing a comprehensive understanding of the law without judgment, particularly when dealing with cases that involve individuals accused of crimes. Today, we're going to discuss vicarious sexual gratification laws in the state of Indiana.


Vicarious Sexual Gratification in Indiana

Indiana Code (IC) 35-42-4-5 addresses vicarious sexual gratification, which involves various sexual conduct and activities involving minors. It's crucial to remember that these laws are in place to protect children and maintain the safety and well-being of the community.


Vicarious Sexual Gratification: A Level 5 Felony

According to Indiana law, a person who is eighteen (18) years of age or older, and knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to touch or fondle themselves or another child under the age of sixteen (16) with the intent to arouse or satisfy sexual desires, commits vicarious sexual gratification, which is classified as a Level 5 felony.

However, the severity of the offense can be increased under the following circumstances:

  1. If a child involved in the offense is under the age of fourteen (14), it becomes a Level 4 felony.

  2. If the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon, it becomes a Level 3 felony.

  3. If the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug or a controlled substance or results in serious bodily injury, it is also classified as a Level 3 felony.

Sexual Conduct with Minors

In addition to the provisions mentioned above, Indiana law also addresses other aspects of vicarious sexual gratification:

  • If a person eighteen (18) years of age or older knowingly or intentionally directs, aids, induces, or causes a child under the age of sixteen (16) to engage in sexual intercourse with another child under sixteen (16) years of age, engage in sexual conduct with an animal other than a human being, or engage in other sexual conduct, it is considered vicarious sexual gratification and classified as a Level 4 felony.

  • This offense is elevated to a Level 3 felony if any child involved in the offense is less than fourteen (14) years of age, or if the offense is committed by using or threatening the use of deadly force, while armed with a deadly weapon, results in serious bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug or controlled substance.

Performing Sexual Conduct in the Presence of a Minor

A person eighteen (18) years of age or older who knowingly or intentionally engages in sexual intercourse, other sexual conduct, or touches or fondles their own body in the presence of a child less than fourteen (14) years of age with the intent to arouse or satisfy the sexual desires of the child or the older person commits performing sexual conduct in the presence of a minor, which is a Level 6 felony.


Seeking Legal Guidance

At B. Hicks Law, we are committed to providing support and guidance for individuals facing vicarious sexual gratification charges in Indiana. We believe that everyone deserves a fair legal defense, and our experienced attorneys are here to help you understand your rights and navigate the legal process.

Remember, being accused of a crime does not make you guilty, and you have the right to a fair trial and legal representation. If you or someone you know is facing vicarious sexual gratification charges, do not hesitate to reach out to us for expert legal counsel. We are here to guide you through the legal process and ensure that your rights are protected.

For more information or to schedule a consultation with one of our experienced attorneys, please contact B. Hicks Law today. We are here to help you through this challenging time with professionalism and without judgment.

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