The babysitter videotaped my 15-year-old daughter when she was laying naked.
Full Question:
I found our babysitter videotaping my 15-year-old daughter who seemed to be drugged and was laying naked on the bed. He was gratifying himself sexually at the time. I want to sue in court and want the court to deliver the harshest punishment for his act. What is the maximum punishment prescribed by the court in such offenses in Indiana?
12/21/2016 |
Category: Criminal ยป Statutory Rape |
State: Indiana |
#28520
Answer:
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(b) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits sexual misconduct with a minor, a Level 6 felony. However, the offense is:
(1) a Level 5 felony if it is committed by a person at least twenty-one (21) years of age; and
(2) a Level 2 felony if it is committed by using or threatening the use of deadly force, while armed with a deadly weapon, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
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(b) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits sexual misconduct with a minor, a Level 6 felony. However, the offense is:
(1) a Level 5 felony if it is committed by a person at least twenty-one (21) years of age; and
(2) a Level 2 felony if it is committed by using or threatening the use of deadly force, while armed with a deadly weapon, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
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In the given case, the babysitter may be charged with level 2 felony for statutory rape per the above-quoted statute. He may be punished by courts in Indiana with ten to 30 years in prison and a fine of up to $10,000 per Ind. Code Ann. § 35-50-2-5 for his act.