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if a 16 yr old has sex with someone who is older than 21, in the state of Indiana, it is a crime. it is legal for two teenagers to have consensual sex as long as the younger person is at least 14 yrs old and the older person is not more than 4 yrs older than the younger.
dating (without sex) is another matter. if you are living with your mother you should not date someone she does not approve of.
SECTION 45. IC 35-42-4-9 [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) A person 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 deviate sexual conduct commits sexual misconduct with a minor, a Class C felony. However, the offense is:
(1) a Class B felony if it is committed by a person at least twenty-one (21) years of age; and
(2) a Class A 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 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 victim was furnished with the drug or controlled substance without the victim's knowledge.
(b) A person 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 Class D felony. However, the offense is:
(1) a Class C felony if it is committed by a person at least twenty-one (21) years of age; and
(2) a Class B 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 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 victim was furnished with the drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably 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 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 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 substance without the victim's knowledge; and
(F) was not committed by a person having a position of authority or substantial 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 a sex offense if committed by an adult) against any other person.
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You're reading I'm 16 and my boyfriend is 23. We've been dating for over a year and a half. And we want kids together and soon. Can my mother press charges? Is it illegal for me to date him?
Comments
Read the code that has been given, there is nothing in there that says "someone at least 18 has sexual intercourse with someone atleast 16 years of age" ONLY Thing in there that deals with 16 years old is Child Sedlection, ONLY THEN can the parents press charges, and the child has to testify. As I Stated you are in a very gray area, its possible to get charged, but your parents would have too.
by Anonymous on August 2nd, 2009
Also I would like to add, The code been given is crimes of Rape, Sexual Deviate conduct with a minor, ALSO it says in the code, conduct with someone who is atleast 14 but less than 16. So everything you just shown was pointless. She is given consent, there is no threat of force, drugs, use of force or nothing. Please understand the law before you apply it. Im a law enforcement student, it got beaten into me at school ;)
by Anonymous on August 2nd, 2009