CRIMINAL LAWAND PROCEDURE
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under IC 31-14-16-1 in a paternity
action;
(I) a no contact order issued under IC
31-34-25 in a child in need of services
proceeding or under IC 31-37-25 in a
juvenile delinquency proceeding;
(J) an order issued in another state
that is substantially similar to an order
described in clauses (A) through (I);
(K) an order that is substantially sim-
ilar to an order described in clauses
(A) through (I) and is issued by an
Indian:
(i) tribe;
(ii) band;
(iii) pueblo;
(iv) nation; or
(v) organized group or commu-
nity, including an Alaska Native
village or regional or village cor-
poration as defined in or estab-
lished under the Alaska Native
Claims Settlement Act (43 U.S.C.
1601 et seq.);
that is recognized as eligible for the
special programs and services provided
by the United States to Indians because
of their special status as Indians;
(L) an order issued under IC 35-33-8-
3.2; or
(M)an order issued under IC 35-38-1-
30.
(h) It is a defense to a prosecution under this
section that:
(1) the person was less than eighteen (18)
years of age at the time the alleged offense
was committed; and
(2) the circumstances described in IC 35-
45-4-6(a)(2) through IC 35-45-4-6(a)(4)
apply.
(i) A person is entitled to present the
defense described in subsection (h) in
a pretrial hearing. If a person proves
by a preponderance of the evidence in
a pretrial hearing that the defense in
subsection (h) applies, the court shall
dismiss the charges under this section
with prejudice.
35-42-4-5. Vicarious sexual gratification;
performing sexual conduct in the
presence of a minor.
(a) A person eighteen (18) years of age or
older who knowingly or intentionally directs,
aids, induces, or causes a child under the age of
sixteen (16) to touch or fondle himself or herself
or another child under the age of sixteen (16)
with the intent to arouse or satisfy the sexual
desires of a child or the older person commits
vicarious sexual gratification, a Level 5 felony.
However, the offense is:
(1) a Level 4 felony if a child involved in
the offense is under the age of fourteen
(14); and
(2) a Level 3 felony if:
(A) the offense is committed by using
or threatening the use of deadly force
or while armed with a deadly weapon;
(B) 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 vic-
tim was furnished with the drug or
controlled substance without the vic-
tim’s knowledge; or
(C) the commission of the offense
results in serious bodily injury.
(b) A person eighteen (18) years of age or
older who knowingly or intentionally directs,
aids, induces, or causes a child under the age of
sixteen (16) to:
(1) engage in sexual intercourse with
another child under sixteen (16) years of
age;
(2) engage in sexual conduct with an ani-
mal other than a human being; or
(3) engage in other sexual conduct (as
defined in IC 35-31.5-2-221.5) with
another person;
with intent to arouse or satisfy the sexual desires
of a child or the older person commits vicarious
sexual gratification, a Level 4 felony. However,
the offense is a Level 3 felony if any child involved
in the offense is less than fourteen (14) years of
age, and the offense is a Level 2 felony if the
