Criminal Deviate Conduct in Indiana

Although Indiana repealed criminal deviate conduct as a standalone charge in 2009 and folded it into the modern rape statute, convictions under the old law still carry mandatory sex offender registration, and Indiana law categorically excludes sex offenses from expungement.

Understanding the legal implications of serious sex offenses in Indiana is essential—particularly for individuals facing long-term consequences from convictions that may have occurred decades ago. One such charge that continues to carry significant collateral consequences is criminal deviate conduct in Indiana. Although this specific offense was formally repealed and is no longer used in modern charging documents, its effects are far from obsolete. 

Convictions for criminal deviate conduct can still impact a person’s life in numerous ways, including mandatory sex offender registration, restrictions on where they can live or work, and ineligibility for expungement. For many, the label associated with a historical conviction continues to create stigma and barriers to employment, housing, and even parental rights—regardless of how much time has passed or whether the individual has otherwise lived a law-abiding life. 

We’ll explore the now-defunct offense of criminal deviate conduct in Indiana, providing an overview of its original statutory definition, how Indiana’s laws have evolved, and what individuals convicted under this charge can do today to seek relief. However, if you or someone you love is grappling with the legal aftermath of a past conviction and require immediate legal assistance, do not hesitate to contact the Indiana criminal defense attorneys at Keffer Hirschuaer LLP. With deep knowledge of Indiana criminal statutes, post-conviction remedies, and sex offender registry relief, our attorneys stand ready to advocate for your rights and help you pursue every available legal avenue. 

Call us today at 317-648-9560 or complete our online contact form to schedule a confidential consultation. 

What Was the Historical Definition of Criminal Deviate Conduct in Indiana?

Before its repeal, criminal deviate conduct in Indiana was a distinct and serious felony offense governed by Indiana Code 35-42-4-2. The statute criminalized specific forms of non-consensual sexual activity involving penetration or oral-genital contact that did not meet the statutory definition of rape in Indiana. In legal terms, the offense focused on acts of “deviate sexual conduct”—a phrase precisely defined in Indiana law. 

Per Indiana Code 35-31.5-2-94, “deviate sexual conduct” referred to an act involving: “an act of sexual gratification involving a sex organ of one person and the mouth or anus of another person; or the penetration of the sex organ or anus of a person by an object. “Under the now-repealed law, criminal deviate conduct occurred when a person engaged in deviate sexual conduct: 

• With another person by force or threat of force; 
• With another person who was mentally disabled or deficient and incapable of consent; 
• Or with someone who was unaware the conduct was occurring. 

The statute was structured similarly to Indiana’s rape laws and carried comparable penalties. Under the previous Indiana sentencing guidelines, this offense classified as a Class B felony, which could be elevated to a Class A felony in cases involving serious bodily injury or use of a deadly weapon. A conviction could result in lengthy prison terms, mandatory registration as a sex offender, and long-term social consequences. 

This offense filled a gap in Indiana’s legal framework by criminalizing coercive or non-consensual sexual acts that were not specifically classified as rape, while still recognizing the severity and harm of such conduct. However, as the law evolved, the Indiana General Assembly eventually chose to consolidate these overlapping sex offenses for clarity and consistency, leading to the formal repeal of criminal deviate conduct. 

How Has the Criminal Deviate Conduct Law Changed in Indiana?

Although criminal deviate conduct in Indiana was once prosecuted under its own statute, that law was formally repealed in 2009 as part of a broader restructuring of Indiana’s sex offense statutes. This legislative change was not made to decriminalize the conduct itself but rather to consolidate overlapping laws into a more unified statutory framework. The behaviors that were previously charged under criminal deviate conduct did not become legal; instead, they were incorporated into revised definitions of rape and other sexual offenses. 

Today, the types of non-consensual acts once prosecuted as criminal deviate conduct are generally charged under the Indiana rape statute. Currently, Indiana Code 35-42-4-1 defines rape as a person who knowingly or intentionally performs sexual intercourse or other sexual conduct: 

• With someone who is compelled by force or imminent threat of force; 
• When the victim is unaware that the sexual conduct is occurring; or 
• When the victim is mentally disabled or deficient to the extent that they cannot consent. 

Importantly, “other sexual conduct” now includes acts previously defined as “deviate sexual conduct.” This modern statutory language ensures that Indiana’s rape laws are comprehensive and inclusive of various forms of sexual violence, whether vaginal, oral, or anal. 

Additionally, charges that might once have been labeled “criminal deviate conduct” may now also be brought under related statutes such as: 

• Sexual battery 
• Child molesting 
• Or sexual misconduct with a minor 

How Does Criminal Deviate Conduct Affect the Indiana Sex Offender Registry?

Even though criminal deviate conduct in Indiana is no longer an active charge, its consequences continue to follow individuals long after conviction—particularly through Indiana’s Sex Offender Registry. Under the sex offender laws in Indiana, individuals convicted of certain sex offenses—whether current or repealed—are still legally obligated to register if the offense met the statutory elements of a registrable crime. 

A conviction for criminal deviate conduct under the former laws is classified as a registrable sex offense. This means that those convicted before the statute’s repeal must still comply with Indiana’s sex offender registration requirements unless specific legal relief has been granted. The Indiana Department of Correction and local law enforcement treats historical sex offenses with the same gravity as current ones when it comes to registration obligations. 

How Long Does Mandatory Registration Last?

For many, a conviction for criminal deviate conduct results in lifetime registration. In particular, if the offense involved use of force or threats; a victim who was under the age of 18; or conduct deemed sexually violent, then the individual is typically designated as one of two types of sex offenders: a “sexually violent predator” or a “sex offender against a minor,” both of which trigger enhanced sex offender restrictions in Indiana. 

Registered individuals must: 

• Report in person at regular intervals (annually or quarterly, depending on classification); 
• Notify authorities of any change in address, employment, or internet identifiers; 
• Comply with strict residency restrictions, particularly near schools or childcare facilities. 

What Collateral Consequences Come With a Criminal Deviate Conduct Conviction?

Beyond public registration, those convicted of criminal deviate conduct may face restrictions on employment and licensure; housing limitations; immigration or travel barriers; and/or social stigma and community notification. These collateral consequences can persist even decades after the offense, making it essential for individuals to understand whether they are eligible for registry removal or other legal remedies. 

In some cases, individuals may petition for removal from the registry after meeting specific conditions, such as maintaining a clean record for 10 years post-discharge and completing sex offender treatment programs. However, those labeled sexually violent predators or those with lifetime registration obligations face significantly more complex legal hurdles. 

What Post-Conviction Relief and Expungement Options Exist?

For individuals with a conviction for criminal deviate conduct in Indiana, the path to post-conviction relief can be complex and highly limited—especially when it comes to expungement and removal from the Sex Offender Registry. Despite the repeal of the statute, convictions under the former law remain on criminal records and continue to carry lasting legal and societal consequences. 

Is Expungement Possible for Criminal Deviate Conduct? 

Indiana’s expungement statute offers a second chance for many individuals with criminal records. However, it contains strict exclusions for certain offenses—particularly those classified as sex crimes. Under Indiana Code 35-38-9-3(b)(4), individuals who have been deemed a sex offender in Indiana are not eligible for expungement, even if the conviction is decades old and the person has no other criminal history. 

What About Post-Conviction Relief Petitions?

In rare circumstances, individuals may seek post-conviction relief under Indiana Post-Conviction Rule 1, especially if: 

• There was ineffective assistance of counsel; 
• The plea was not knowingly and voluntarily made; 
• Or newly discovered evidence justifies reexamination of the conviction. 

These proceedings are highly technical and fact-specific, and success rates are low without compelling evidence and the assistance of a skilled and experienced post-conviction relief attorney in Indiana. Nonetheless, they remain an important tool when fundamental rights have been violated. 

How Can Someone Petition for Registry Removal?

Although expungement may not be available, some individuals may qualify for relief from sex offender registration requirements. Under Indiana Code 11-8-8-22, a person who has maintained a clean record and complied with registration obligations for a minimum of ten years may petition the court to be removed from the registry—unless they were designated a sexually violent predator, in which case lifetime registration applies. 

Relief is not automatic. Petitioners must demonstrate: 

• Completion of court-ordered treatment; 
• No subsequent criminal convictions; 
• That they no longer pose a threat to the public. 

Given the complex nature of these petitions and the State’s ability to contest them, it is vital to work with a leading Indiana criminal defense lawyer who understands how to present a persuasive case for registry termination. 

Where Can I Get Legal Help for Long-Term Consequences?

Although the offense of criminal deviate conduct in Indiana has been repealed, its impact continues to reverberate through the lives of many Hoosiers. For those burdened by a conviction under this defunct statute, the legal consequences are often as real today as they were at sentencing—mandatory sex offender registration, public scrutiny, and exclusion from job or housing opportunities. 

At Keffer Hirschauer LLP, we understand the unique challenges that arise from historical sex crime convictions. Whether you’re seeking to terminate sex offender registration, explore post-conviction relief in Indiana, or simply understand your rights under current state law, our experienced attorneys are here to guide you every step of the way. 

Led by a team of seasoned litigators—including former prosecutors—our firm brings a deep understanding of both the procedural complexities and human realities involved in sex crime cases. We offer comprehensive legal services in: 

• Sex offender registry removal 
• Post-conviction relief petitions, including ineffective assistance claims; 
• Expungement consultations (where eligible); 
• Professional license defense for individuals facing collateral disciplinary action; 
• And other criminal defense services throughout Indiana. 

No two cases are alike, and your past does not have to define your future. Our attorneys take a compassionate, strategic, and personalized approach to every case, working to secure the best possible outcome for each client. 

If you or a loved one is facing continued legal burdens from a conviction for criminal deviate conduct in Indiana, contact one of our Indiana defense attorneys today at 317-648-9560 or complete our online contact form to schedule a confidential consultation.