What is the legal age of dating in Indiana?
Full Question:
What is the legal age of dating in Indiana. It doesn't involve sex or anything of that matter. I'm trying to find out if I can date a girl I like.
09/28/2007 |
Category: Minors |
State: Indiana |
#9281
Answer:
Generally, there is no legal dating age, but the following Indiana statutes may apply depending on age:
SECTION 42. IC 35-42-4-3
Sec. 3.
(a) A person who, with a child under fourteen (14)
years of age, performs or submits to sexual intercourse or deviate sexual
conduct commits child molesting, a Class B felony. However, the offense
is a Class A felony if:
(1) it is committed by a person at least twenty-one (21) years of age;
(2) it is committed by using or threatening the use of deadly force or
while armed with a deadly weapon;
(3) it results in serious bodily injury; or
(4) 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.
(b) A person who, with a child under fourteen (14) 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 child molesting, a Class
C felony. However, the offense is a Class A felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) 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.
(c) It is a defense that the accused person reasonably believed that
the child was sixteen (16) years of age or older at the time of the
conduct, unless:
(1) the offense is committed by using or threatening the use of deadly
force or while armed with a deadly weapon;
(2) the offense results in serious bodily injury; or
(3) 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.
SECTION 45. IC 35-42-4-9
Sec. 9.
(a) 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 sexual intercourse or
deviate sexual conduct commits sexual misconduct with a minor, a Class C
felony. However, the offense is:
(1) a Class B felony if it is committed by a person at least twenty-one
(21) years of age; and
(2) a Class A felony if it is committed by using or threatening the
use of deadly force, if it is committed while armed with a deadly
weapon, if it 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 (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.
(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 Class D felony. However, the offense is:
(1) a Class C felony if it is committed by a person at least twenty-one
(21) years of age; and
(2) a Class B 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.
(c) It is a defense that the accused person reasonably believed that
the child was at least sixteen (16) years of age at the time of the
conduct. However, this subsection does not apply to an offense described
in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married.
However, this subsection does not apply to an offense described in
subsection (a)(2) or (b)(2).
(e) It is a defense to a prosecution under this section if all the
following apply:
(1) The person is not more than four (4) years older than the victim.
(2) The relationship between the person and the victim was a dating
relationship or an ongoing personal relationship. The term "ongoing
personal relationship" does not include a family relationship.
(3) The crime:
(A) was not committed by a person who is at least twenty-one (21)
years of age;
(B) was not committed by using or threatening the use of deadly force;
(C) was not committed while armed with a deadly weapon;
(D) did not result in serious bodily injury;
(E) was not 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; and
(F) was not committed by a person having a position of authority or
substantial influence over the victim.
(4) The person has not committed another sex offense (as defined in IC
11-8-8-5.2) (including a delinquent act that would be a sex offense if
committed by an adult) against any other person.
