CRIMINAL LAWAND PROCEDURE
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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.
35-42-4-9. Sexual misconduct with a minor.
(a) Aperson at least eighteen (18) years of age
who, with a child at least fourteen (14) years of age
but less than sixteen (16) years of age, performs
or submits to sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) com-
mits sexual misconduct with a minor, a Level 5
felony. However, the offense is:
(1) a Level 4 felony if it is committed by
a person at least twenty-one (21) years of
age; and
(2) a Level 1 felony if it is committed by
using or threatening the use of deadly
force, if it is committed while armed with
a deadly weapon, if it results in serious
bodily injury, or if the commission of the
offense is facilitated by furnishing the vic-
tim, 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 victim was
furnished with the drug or controlled sub-
stance without the victim’s knowledge.
(b) Aperson at least eighteen (18) years of age
who, with a child at least fourteen (14) years of age
but less than sixteen (16) 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 person, commits sexual misconduct
with a minor, a Level 6 felony. However, the
offense is:
(1) a Level 5 felony if it is committed by
a person at least twenty-one (21) years of
age; and
(2) a Level 2 felony if it is committed by
using or threatening the use of deadly
force, while armed with a deadly weapon,
or if 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) It is a defense that the accused person rea-
sonably believed that the child was at least sixteen
(16) years of age at the time of the conduct.
However, this subsection does not apply to an
offense described in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever
been married. However, this subsection does not
apply to an offense described in subsection (a)(2)
or (b)(2).
(e) It is a defense to a prosecution under this
section if all of the following apply:
(1) The person is not more than four (4)
years older than the victim.
(2) The relationship between the person
and the victim was a dating relationship or
an ongoing personal relationship. The
term “ongoing personal relationship” does
not include a family relationship.
(3) The crime:
(A) was not committed by a person
who is at least twenty-one (21) years of
age;
(B) was not committed by using or
threatening the use of deadly force;
(C) was not committed while armed
with a deadly weapon;
(D) did not result in serious bodily
injury;
(E) was not facilitated by furnishing the
victim, without the victim’s knowl-
edge, 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 know-
ing that the victim was furnished with
the drug or controlled substance with-
out the victim’s knowledge; and
(F) was not committed by a person
having a position of authority or sub-
stantial influence over the victim.
(4) The person has not committed another
sex offense (as defined in IC 11-8-8-5.2)
(including a delinquent act that would be
