Child Seduction Charges in Indiana 

Child seduction charges in Indiana are grave accusations that carry severe legal consequences. These charges typically involve an adult in a position of authority or trust engaging in inappropriate sexual misconduct with a minor. Given the serious nature of these allegations, it is crucial for anyone facing such charges to seek immediate legal assistance from experienced professionals. 

If you or someone you know is facing child seduction charges, contacting the Indiana sex crime lawyers at Keffer Hirschauer LLP is essential. Our Indianapolis criminal defense law firm with a strong track record in defending individuals against sex crime accusations. We employ a team of dedicated defense attorneys who understand the intricacies of Indiana law and are committed to providing robust defense strategies tailored to each client’s unique situation. 

Choosing Keffer Hirschauer LLP means choosing a team with extensive experience, a deep understanding of the legal system, and a passion for protecting the rights of our clients. We are here to support you through every step of the legal process, ensuring you receive the best possible defense.  

Don’t face these charges alone; reach out to an Indiana criminal defense lawyer today at 317-648-9560 or schedule a free, confidential consultation. 

Indiana Law on Child Seduction 

Indiana Code 35-42-4-7 addresses the serious and sensitive issue of child seduction. This statute, designed to protect minors from sexual exploitation by individuals in positions of authority or trust, criminalizes various forms of sexual misconduct by adults in positions of trust or authority over minors under eighteen years old. It also defines various roles and relationships to clearly delineate the boundaries and responsibilities of adults in contact with children.  

Under this law, a person may face charges of child seduction in Indiana if they are found to have engaged in sexual activities (including fondling and touching with the intent to arouse or satisfy sexual desires) with a minor under specific circumstances of authority or influence. These circumstances of authority or influence include the following:  

• Professional Relationships: When a person engages in sexual activity with a person under the age of 18 with whom they have (or has had) a professional relationship. This may occur when the person has a relationship with a child based on their employment or professional license. This includes a relationship between a child and a health care or mental health professional, schoolteacher or administrator, workplace supervisor, or military recruiter.  

• Guardian, Custodian, or Coach: When a person, at least eighteen years of age, who is the (a) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; (b) child care worker for; or (c) coach of a child less than eighteen (18) years of age; engages with the child in sexual intercourse, other sexual conduct or any fondling or touching. 

• Law Enforcement Officer: When a law enforcement officer, who at least four years older than the child and has contact with the child while acting within the scope of the law enforcement officer’s official duties, uses or exerts the law enforcement officer’s professional relationship with the child to engage with the child in sexual activity, including touching or fondling.  

What Constitutes a Professional Relationship?  

For purposes of Indiana’s law on child seduction, a person has a “professional relationship” with a child if (a) the person has a license issued by the state or a political subdivision on the basis of the person’s training and experience that authorizes the person to carry out a particular occupation; or (b) is employed in a position in which counseling, supervising, instructing, or recruiting children forms a significant part of the employment; and (c) the person has a relationship with a child that is based on the person’s employment or licensed status as described in subdivision.  

When determining whether a person used or exerted their professional relationship with the child to engage in sexual activity with the child, the court may consider one (1) or more of the following factors: 

• The age difference between the person and the child. 

• Whether the person was in a position of trust with respect to the child. 

• Whether the person’s conduct with the child violated any ethical obligations of the person’s profession or occupation. 

• The authority that the person had over the child. 

• Whether the person exploited any particular vulnerability of the child. 

• Any other evidence relevant to the person’s ability to exert undue influence over the child. 

What Constitutes a Workplace Supervisor?  

Under Indiana’s law on child seduction, a workplace supervisor is considered as an individual who has authority over a child while the child is employed at the child’s place of employment. The term includes a person responsible for determining the child’s wages (including whether the child will receive a raise) or who otherwise has the authority to take an adverse employment action against the child. This term does NOT include a workplace supervisor who had a dating relationship with the child before the child was employed at the place of employment. 

When determining whether a workplace supervisor used or exerted their professional relationship with the child to engage in sexual activity with the child, the court may consider one (1) or more of the following factors: 

• The age difference between the workplace supervisor and the child. 

• Whether the workplace supervisor was in a position of trust with respect to the child. 

• Whether the workplace supervisor suggested to the child that engaging or not engaging in sexual activity with the workplace supervisor would or could affect the child at the child’s place of employment. 

• The authority that the workplace supervisor had over the child. 

• Whether the workplace supervisor exploited any particular vulnerability of the child. 

• Any other evidence relevant to the workplace supervisor’s ability to exert undue influence over the child. 

The Seriousness of Child Seduction Charges in Indiana 

Under Indiana Code 35-42-4-7, child seduction is, at the lowest level, a Level 6 felony in Indiana. A person may be charged at this level when the child is between the ages of 16-18, and the person or law enforcement officer engaged in folding or touching with the intent to arouse or satisfy their own sexual desires or the sexual desires of the child. However, if the person engages in sexual intercourse or other sexual conduct with the child (who is between the ages of 16-18), the child seduction charges in Indiana may be elevated to a Level 5 felony.  

When a person engages in any fondling or touching with a child who is at least fourteen (14) years of age but less than sixteen (16) years of age, they will face Level 5 felony charges. Again, these charges may be elevated to Level 4 felony charges if they engage in sexual intercourse or other sexual conduct with the child (who is between the ages of 16-18).  

At the highest level, a person can face Level 3 child seduction charges in Indiana when they engage in any fondling or touching with a child who is 13 years old or younger. This charge may be elevated to a Level 2 felony if the person is found to have engaged in sexual intercourse or other sexual conduct with the child.  

Potential Penalties  

Depending on the circumstances that led to the child seduction charges in Indiana, a person who is convicted of this offense could face a prison sentence of up to 30 years. Per the Indiana Sentencing Guidelines, the potential criminal penalties for child seduction are as follows:  

Level 6 Felony: 6mo-2.5 years (advisory sentence – 1 year); $10,000 fine 

Level 5 Felony: 1-6 years (advisory sentence – 3 years); $10,000 fine 

Level 4 Felony: 2-12 years (advisory sentence – 6 years); $10,000 fine 

Level 3 Felony: 3-16 years (advisory sentence – 9 years); $10,000 fine 

Level 2 Felony: 10-30 years (advisory sentence – 17.5 years); $10,000 fine 

Indiana Sex Offender Registration 

As clearly stated in Indiana Code 11-8-8-4.5 and Indiana Code 11-8-8-5, a person who has been convicted of child seduction in Indiana shall be deemed both a “sex offender,” and “sex or violent offender” in Indiana and thus will need to register with the Indiana sex offender registry. This means that the offender will have their personal information available to the public, as well as information regarding their conviction. It also means they’ll need to comply with the Indiana sex offender restrictions, which are very strict and limiting. Those who do not comply with the restrictions and registry requirements risk being charged with further criminal offenses, such as inappropriate communication with a child under Indiana Code 35-42-4-13. 

Facing Child Seduction Charges in Indiana? 

Facing child seduction charges in Indiana can be an overwhelming and daunting experience, but you don’t have to go through it alone. The legal consequences are severe, and the stakes are high, making it imperative to have a skilled and knowledgeable defense team on your side. The experienced Indiana defense lawyers at Keffer Hirschauer LLP are here to provide you with the expert legal representation you need. 

At Keffer Hirschauer LLP, we are committed to protecting your rights and ensuring you receive a fair and just defense. Our extensive experience and comprehensive understanding of the laws governing Indiana sex crimes allow us to craft tailored defense strategies that address the unique aspects of your case. We understand the gravity of the situation and are dedicated to fighting for the best possible outcome for you. 

If you or a loved one is facing child seduction charges, don’t hesitate to contact Keffer Hirschauer LLP. Let our team of experienced attorneys stand by your side, guiding you through the legal process and working tirelessly to defend your rights. Take the first step towards protecting your future and contact us at 317-648-9560 to schedule a free, confidential consultation.