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offense is committed by using or threatening the
use of deadly force, if the offense is committed
while armed with a deadly weapon, if the offense
results in serious bodily injury, or if the commis-
sion 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 con-
trolled 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) A person eighteen (18) years of age or
older who knowingly or intentionally:
(1) engages in sexual intercourse;
(2) engages in other sexual conduct (as
defined in IC 35-31.5-2-221.5); or
(3) touches or fondles the person’s own
body;
in the presence of a child less than fourteen (14)
years of age with the intent to arouse or satisfy the
sexual desires of the child or the older person
commits performing sexual conduct in the pres-
ence of a minor, a Level 6 felony.
35-42-4-6. Child solicitation.
(a) As used in this section, “solicit” means to
command, authorize, urge, incite, request, or
advise an individual:
(1) in person;
(2) by telephone or wireless device;
(3) in writing;
(4) by using a computer network (as
defined in IC 35-43-2-3(a));
(5) by advertisement of any kind; or
(6) by any other means;
to perform an act described in subsection (b) or (c).
(b) A person eighteen (18) years of age or
older who knowingly or intentionally solicits a
child under fourteen (14) years of age, or an indi-
vidual the person believes to be a child under
fourteen (14) years of age, to engage in sexual
intercourse, other sexual conduct (as defined in IC
35-31.5-2-221.5), or any fondling or touching
intended to arouse or satisfy the sexual desires of
either the child or the older person, commits child
solicitation, a Level 5 felony. However, the
offense is a Level 4 felony if the person solicits
the child or individual the person believes to be
a child under fourteen (14) years of age to engage
in sexual intercourse or other sexual conduct (as
defined in IC 35-31.5-2-221.5) and:
(1) commits the offense by using a com-
puter network (as defined in IC 35-43-2-
3(a)) and travels to meet the child or
individual the person believes to be a child;
or
(2) has a previous unrelated conviction
for committing an offense under this sec-
tion.
(c) A person at least twenty-one (21) years
of age who knowingly or intentionally solicits a
child at least fourteen (14) years of age but less
than sixteen (16) years of age, or an individual the
person believes to be a child at least fourteen (14)
years of age but less than sixteen (16) years of age,
to engage in sexual intercourse, other sexual con-
duct (as defined in IC 35-31.5-2-221.5), or any
fondling or touching intended to arouse or satisfy
the sexual desires of either the child or the older
person, commits child solicitation, a Level 5
felony. However, the offense is a Level 4 felony
if the person solicits the child or individual the per-
son believes to be a child at least fourteen (14) but
less than sixteen (16) years of age to engage in sex-
ual intercourse or other sexual conduct (as defined
in IC 35-31.5-2-221.5), and:
(1) commits the offense by using a com-
puter network (as defined in IC 35-43-2-
3(a)) and travels to meet the child or
individual the person believes to be a child;
or
(2) has a previous unrelated conviction
for committing an offense under this sec-
tion.
(d) In a prosecution under this section, includ-
ing a prosecution for attempted solicitation, the
state is not required to prove that the person
solicited the child to engage in an act described in
subsection (b) or (c) at some immediate time.
35-42-4-7. Child seduction.
(a) As used in this section, “adoptive parent”
has the meaning set forth in IC 31-9-2-6.
(b) As used in this section, “adoptive grand-
parent” means the parent of an adoptive parent.
(c) As used in this section, “charter school” has
the meaning set forth in IC 20-18-2-2.5.
(d) As used in this section, “child care worker”
