CRIMINAL LAWAND PROCEDURE
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having a position of authority or
substantial influence over the vic-
tim.
(D) 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 com-
mitted by an adult, against any other
person.
35-42-3.5-2. Restitution.
In addition to any sentence or fine imposed for
a conviction of an offense under section 1 of this
chapter, the court shall order the person convicted
to make restitution to the victim of the crime
under IC 35-50-5-3.
35-42-3.5-3. Civil actions.
(a) If a person is convicted of an offense under
section 1 of this chapter, the victim of the offense:
(1) has a civil cause of action against the
person convicted of the offense; and
(2) may recover the following from the
person in the civil action:
(A)Actual damages.
(B)Court costs (including fees).
(C)Punitive damages, when deter-
mined to be appropriate by the court.
(D)Reasonable attorney’s fees.
(b) An action under this section must be
brought not more than two (2) years after the date
the person is convicted of the offense under sec-
tion 1 of this chapter.
35-42-3.5-4. Victim rights.
(a) An alleged victim of an offense under sec-
tion 1 of this chapter:
(1) may not be detained in a facility that is
inappropriate to the victim’s status as a
crime victim;
(2) may not be jailed, fined, or otherwise
penalized due to having been the victim of
the offense; and
(3) shall be provided protection if the vic-
tim’s safety is at risk or if there is danger
of additional harm by recapture of the vic-
tim by the person who allegedly commit-
ted the offense, including:
(A) taking measures to protect the
alleged victim and the victim’s family
members from intimidation and threats
of reprisals and reprisals from the per-
son who allegedly committed the
offense or the person’s agent; and
(B) ensuring that the names and iden-
tifying information of the alleged vic-
tim and the victim’s family members
are not disclosed to the public.
This subsection shall be administered by law
enforcement agencies and the Indiana criminal jus-
tice institute as appropriate.
(b) Not more than fifteen (15) days after the
date a law enforcement agency first encounters an
alleged victim of an offense under section 1 of this
chapter, the law enforcement agency shall provide
the alleged victim with a completed Declaration
of Law Enforcement Officer for Victim of
Trafficking in Persons (LEADeclaration, Form I-
914 Supplement B) in accordance with 8 CFR
214.11(f)(1). However, if the law enforcement
agency finds that the grant of an LEADeclaration
is not appropriate for the alleged victim, the law
enforcement agency shall, not more than fifteen
(15) days after the date the agency makes the
finding, provide the alleged victim with a letter
explaining the grounds for the denial of the LEA
Declaration. After receiving a denial letter, the
alleged victim may submit additional evidence to
the law enforcement agency. If the alleged vic-
tim submits additional evidence, the law enforce-
ment agency shall reconsider the denial of the
LEA Declaration not more than seven (7) days
after the date the agency receives the additional
evidence.
Chapter 4. Sex Crimes.
35-42-4-1.
Rape.
35-42-4-3.
Child molesting.
35-42-4-4.
Child exploitation; child pornography.
35-42-4-5.
Vicarious sexual gratification; performing
sexual conduct in the presence of a minor.
35-42-4-6.
Child solicitation.
35-42-4-7.
Child seduction.
35-42-4-8.
Sexual battery.
35-42-4-9.
Sexual misconduct with a minor.
35-42-4-10. Unlawful employment near children by
sexual predator.
35-42-4-11. Sex offender registry offense.
35-42-4-12. Sex offender Internet offense.
35-42-4-13. Inappropriate communication with child.
