CRIMINAL LAWAND PROCEDURE
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35-42-4-1. Rape.
(a) Except as provided in subsection (b), a
person who knowingly or intentionally has sexual
intercourse with another person or knowingly or
intentionally causes another person to perform
or submit to other sexual conduct (as defined in
IC 35-31.5-2-221.5) when:
(1) the other person is compelled by force
or imminent threat of force;
(2) the other person is unaware that the
sexual intercourse or other sexual conduct
(as defined in IC 35-31.5-2-221.5) is occur-
ring; or
(3) the other person is so mentally dis-
abled or deficient that consent to sexual
intercourse or other sexual conduct (as
defined in IC 35-31.5-2-221.5) cannot be
given;
commits rape, a Level 3 felony.
(b) An offense described in subsection (a) is
a Level 1 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;
(3) it results in serious bodily injury to a
person other than a defendant; or
(4) the commission of the offense is facil-
itated by furnishing the victim, without
the victim’s knowledge, with a drug (as
defined in IC 16-42-19-2(1)) or a con-
trolled substance (as defined in IC 35-48-
1-9) or knowing that the victim was
furnished with the drug or controlled sub-
stance without the victim’s knowledge.
35-42-4-3. Child molesting.
(a) A person who, with a child under four-
teen (14) years of age, knowingly or intentionally
performs or submits to sexual intercourse or other
sexual conduct (as defined in IC 35-31.5-2-221.5)
commits child molesting, a Level 3 felony.
However, the offense is a Level 1 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 facil-
itated by furnishing the victim, without
the victim’s knowledge, with a drug (as
defined in IC 16-42-19-2(1)) or a con-
trolled substance (as defined in IC 35-48-
1-9) or knowing that the victim was
furnished with the drug or controlled sub-
stance without the victim’s knowledge.
(b) A person who, with a child under four-
teen (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 per-
son, commits child molesting, a Level 4 felony.
However, the offense is a Level 2 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 facil-
itated by furnishing the victim, without
the victim’s knowledge, with a drug (as
defined in IC 16-42-19-2(1)) or a con-
trolled substance (as defined in IC 35-48-
1-9) or knowing that the victim was
furnished with the drug or controlled sub-
stance without the victim’s knowledge.
(c) A person may be convicted of attempted
child molesting of an individual at least fourteen
(14) years of age if the person believed the indi-
vidual to be a child under fourteen (14) years of
age at the time the person attempted to commit the
offense.
(d) It is a defense to a prosecution under this
section 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 facil-
itated by furnishing the victim, without
the victim’s knowledge, with a drug (as
defined in IC 16-42-19-2(1)) or a con-
trolled substance (as defined in IC 35-48-
1-9) or knowing that the victim was
furnished with the drug or controlled sub-
stance without the victim’s knowledge.
