What is the Age of Consent in Indiana?
In the state of Indiana, the legal age of consent is currently set at 16 years old, as defined under Indiana Code section 35-42-4-3. Under this statute, no person age 18 years or older may engage in sexual intercourse or deviate conduct with a child under the age of 16.
A person charged with a violation of this section shall be charged under:
This statute was amended effective July 1, 2007, and now makes it a Level 6 felony for an individual to engage in sexual activity with a 16 or 17 year old and not disclose to that person or the person’s parent or guardian that the individual is over the age of 18, but does not prohibit consensual sexual activity between a person age 21 and above and another individual at least 16 years old. This amendment to the law is often referred to the "Romeo and Juliet Law" and people who violate this statute may be held to a higher standard of liability than before its amendment.
While this amendment provides some protection to those age 19 years and older who engage in sexual conduct with those age 16 and 17 years, it does not change the prosecution standards applied to those adults when the minor is under the age of 16 . Individuals who have received charges under IC 35-42-4-3 are also subject to serious penalties under Indiana’s sex offender registry, which requires all sex offenders residing or working in Indiana to register their name, address, photo, date of birth, work address, employment and education history, gender, and physical description with local law enforcement.
Teens who are age 15 years or younger cannot provide legally valid consent to sexual conduct under any circumstances. In other words, Indiana law states clearly that no matter what circumstance or situation, these minors cannot consent to sexual activity. The only valid exception to this general rule is in cases of consensual sexual activity between two minors themselves, so long as both parties are at least age 14.
Indiana law recognizes this restriction, and further restricts the discretion of the prosecutor in making charging decisions when it comes to related offenses such as sexual battery, sexual misconduct with a minor, and child seduction.
The Indiana Legislature Judicial Oversight Committee, on March 19, 2018, decided to study the state legal age of consent law, in order to determine whether or not these laws should be modified, eliminated, or left intact.
The History of Statutory Rape Laws
In the early European colonies, the age of consent generally ranged from 12 to 14 years. In the 1700s, common law dictated that the age of consent in most colonies under British rule was 10 years of age. However, Ex Parte Miller (6 L.R.A. 292, 1889) held that states could change the age of consent by state law. In response to social concerns about group sex and sex parties, some states eventually raised that age to 12 or higher.
In the 1800s, special protections were extended to minors. The following year, Pennsylvania became the first state to raise the general age for consent without any special considerations to 15 years of age, and eight other states followed suit shortly after by raising the age to 16 years.
In the early 1900s, states again revised the age of consent laws in response to societal concerns, resulting in Connecticut, Delaware, Florida, Georgia, Massachusetts, Maryland, North Carolina and New Jersey also raising the age of consent to 16 years.
During the 1980s, due to the rise of HIV/AIDS, many states dropped their age of consent laws to 12 or 14 years. With the advent of compulsory education laws, sex education classes started targeting younger teens; so the need for higher consent laws once again arose.
In the 1990s, 25 states raised the age of consent to 16 again, re-instilling protection for minors. Longer sentences were also introduced for those who took advantage of these young citizens.
In Indiana, the offense of sexual intercourse with a minor is detailed in Ind. Code ยง 35-42-4-5. Sexual intercourse with a minor – Indiana law – "a person at least age eighteen commits sexual intercourse with a child under the age of sixteen if, with knowledge or reason to know that the child is less than sixteen years of age, the person has sexual intercourse with the child."
The penalties for this offense are severe. A conviction for sexual intercourse family law – Indiana law – "is a Level 6 felony if the child is at least fourteen years of age; and (2) a Level 4 felony if the child is under fourteen years of age."
Penalties for Violation of the Law
Engaging in sexual acts with a minor in Indiana not only poses potential harm to the minor, but also opens up the door for numerous legal issues for the perpetrator.
Harmful Effects for Minors
While we will not expound upon the physical consequences of such violations, it is important to note the emotional turmoil that can affect a minor who is forced to endure such a painful experience. In the best case scenario, sexual abuse and exploitation leads to anxiety and depression.
Criminal Penalties for Indiana Residents
In order for someone to be charged with criminal misconduct (as opposed to civil charges), he or she must violate Indiana Code. Criminal sexual conduct with a minor is filed under Class A felonies, which carry a penalty of 20-50 years in prison and a fine fee of up to $10,000.
Civil Penalties for Non-residents
Even if you do not reside in Indiana, you may still be subject to Indiana’s laws regarding the age of consent. Those who travel to Indiana specifically to engage with a minor may be charged with sexual tourism. Sexual tourism is filed under Class C felonies (2-8 years in prison). Perpetrators may also be required to pay monetary restitution to the victim, as well as participate in psychological treatment and rehabilitation. However, violation of age of consent laws for sexual tourism is entirely separate from charges associated with criminal sexual conduct. If you are charged with both sexual tourism and felony sexual conduct, you could face double the time in prison and double the fines.
Engaging in Sexual Conduct with a Minor: Exceptions and Protections
In addition to the age of consent, Indiana also has what are known as close-in-age exemptions to the consent laws. A MILA (Minor in a Live Act) exemption allows for those who are less than five years older or younger than the victim to be exempt from prosecution.
For instance, if a 21-year-old had sex with a 17-year-old, he would be exempt from prosecution under Indiana law. However, it doesn’t just cover physical sexual acts. If two teenagers under the age of 16 were considered close enough in age, it would not be illegal for them to perform a sexual act on one another.
Basically, if you are in a long-term relationship with someone outside of your age range and your age difference is within five years , you will not be prosecuted under these exceptions.
Of course, this exemption only applies to participants who are both over the age of 16. If you are 15 years old, your boyfriend is 19 years old and you were in a consenting relationship for a year, once you have sex, your 19-year-old partner can be charged with juvenile delinquency and classified as a Class C felony sexual offender.
Simply put, regardless of the circumstances, a minor under the age of 16 cannot consent, even if the other party is right around their age and the relationship has existed for several months or longer. The exception is slightly different for persons under the age of 18.
Statutory Rape and Close-in-Age Exemptions
The age of consent laws are similar across the Midwest and the broader United States, with many states sharing the same age of consent as Indiana. For instance, the age of consent in Ohio is the same as that in Indiana – 16. The same is true in states such as Illinois, South Dakota, North Dakota, Iowa, Kansas and Nebraska. The following states also have an age of consent that is one year younger than that in Indiana (15): Michigan, Minnesota, Missouri, Nebraska, Maryland, Texas, South Carolina, Virginia, Alabama, Louisiana, Mississippi, Tennessee, Wyoming, Oregon and Washington.
Notably, two states in the United States have a 14 year old age of consent: Montana and Nebraska. Conversely, the states with the highest age of consent are Delaware and Puerto Rico, at 18 years old.
How Does Indiana Stack up Against the Other States?
For individuals who have questions or are seeking legal advice or support regarding age of consent laws in Indiana, there are several resources available to provide assistance. Legal aid organizations offer free or low-cost legal services to individuals who may qualify for their programs; these can include assistance with understanding and navigating chargeable offenses for individuals under the legal age of consent. The Indiana Legal Services is one such organization that provides free civil legal assistance to those who cannot afford legal services; they have offices throughout the state to address various issues, including family law.
In addition to legal aid, government agencies can act as resources in answering questions concerning age of consent laws. The Indiana Court System provides a website with information on the state’s marriage laws, which detail the legal age to be married, the process of filing for a marriage license , and how to obtain a marriage certificate. The Indiana Department of Child Services offers a webpage that explains what constitutes child abuse and neglect, and how to report suspected cases of abuse. The Indiana Family Helpline, operated by the Indiana Department of Health, offers information and resources for families; their website includes a section on teenage dating violence, which provides important information on the warning signs associated with dating violence, along with how to seek help.
Additionally, many local law enforcement agencies in Indiana have websites that offer further resources on age of consent, along with what to do if you suspect underage sexual activity or abuse. Many organizations that support victims of domestic violence, such as the Indiana Coalition Against Domestic Violence and the Indiana Coalition Against Sexual Assault, do provide some practical resources and solutions for individuals and families going through this situation.