CRIMINAL LAWAND PROCEDURE
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with a child at least sixteen (16) years of
age but less than eighteen (18) years of age
whom the person knows to be at least six-
teen (16) years of age but less than eight-
een (18) years of age;
(2) may exert undue influence on the child
because of the person’s current or previous
professional relationship with the child;
and
(3) uses or exerts the person’s professional
relationship to engage in sexual inter-
course, other sexual conduct (as defined in
IC 35-31.5-2-221.5), or any fondling or
touching with the child with the intent to
arouse or satisfy the sexual desires of the
child or the person:
commits child seduction.
(o) A law enforcement officer who:
(1) is at least five (5) years older than a
child who is:
(A) at least sixteen (16) years of age;
and
(B) less than eighteen (18) years of
age;
(2) has contact with the child while acting
within the scope of the law enforcement
officer’s official duties with respect to the
child; and
(3) uses or exerts the law enforcement
officer’s professional relationship with the
child to engage with the child in:
(A) sexual intercourse;
(B) other sexual conduct (as defined in
IC 35-31.5-2-221.5); or
(C) any fondling or touching with the
child with the intent to arouse or satisfy
the sexual desires of the child or the law
enforcement officer;
commits child seduction.
(p) In determining whether a person used or
exerted the person’s professional relationship with
the child to engage in sexual intercourse, other sex-
ual conduct (as defined in IC 35-31.5-2-221.5), or
any fondling or touching with the intent to arouse
or satisfy the sexual desires of the child or the per-
son under this section, the trier of fact may con-
sider one (1) or more of the following:
(1) The age difference between the person
and the child.
(2) Whether the person was in a position
of trust with respect to the child.
(3) Whether the person’s conduct with the
child violated any ethical obligations of the
person’s profession or occupation.
(4) The authority that the person had over
the child.
(5) Whether the person exploited any par-
ticular vulnerability of the child.
(6) Any other evidence relevant to the per-
son’s ability to exert undue influence over
the child.
(q) Child seduction under this section is:
(1) a Level 6 felony if the person or law
enforcement officer engaged in any
fondling or touching with the intent to
arouse or satisfy the sexual desires of:
(A) the child; or
(B) the person or law enforcement offi-
cer; and
(2) a Level 5 felony if the person or law
enforcement officer engaged in sexual
intercourse or other sexual conduct (as
defined in IC 35-31.5-2-221.5) with the
child.
35-42-4-8. Sexual battery.
(a) A person who, with intent to arouse or
satisfy the person’s own sexual desires or the sex-
ual desires of another person:
(1) touches another person when that per-
son is:
(A) compelled to submit to the touch-
ing by force or the imminent threat of
force; or
(B) so mentally disabled or deficient
that consent to the touching cannot be
given; or
(2) touches another person’s genitals, pubic
area, buttocks, or female breast when that
person is unaware that the touching is
occurring;
commits sexual battery, a Level 6 felony.
(b) An offense described in subsection (a) is
a Level 4 felony if:
(1) it is committed by using or threatening
the use of deadly force;
(2) it is committed while armed with a
