Ind. Code » Title 35
Indiana Code

Ind. Code § 35-41-1-26 (2026)

Repealed

✓ current as of May 2026
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As added by P.L.311-1983, SEC.27. Repealed by P.L.114-2012, SEC.130.

 

Notes of Decisions
Cited in 26 cases, 1985–2019 · leading case: Spurlock v. State, 675 N.E.2d 312 (Ind. 1997).
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Spurlock v. State, 675 N.E.2d 312 (Ind. 1997). · cites it 6× “CODE § 35-41-1-26 (1993). Spurlock claims that there was no evidence of penetration to support his conviction.”
Goolsby v. State, 517 N.E.2d 54 (Ind. 1987). · cites it 4× “" Ind. Code § 35-41-1-26 . We find the State presented insufficient evidence of penetration to support a conviction for rape.”
Smith v. State, 779 N.E.2d 111 (Ind. Ct. App. 2002). · cites it 2× “" Ind. Code § 35-41-1-26 (West 1998). Thus, the State was required to prove penetration in order to obtain a conviction for child molesting as a Class A felony as charged.”
Gregory A. Rose v. State of Indiana, 36 N.E.3d 1055 (Ind. Ct. App. 2015). · cites it 2× “” Ind.Code § 35-41-1-26 (2004). [22] Here, the State presented the testimony of B.”
Thompson v. State, 674 N.E.2d 1307 (Ind. 1996). · cites it 4× “" Ind.Code § 35-41-1-26. The statute does not require that the vagina be penetrated, only that the female sex organ be penetrated.”
Oeth v. State, 775 N.E.2d 696 (Ind. Ct. App. 2002). · cites it 2× “” Ind.Code § 35-41-1-26. Oeth first argues that the evidence is insufficient to prove that he took a substantial step toward having sexual intercourse with Saltzman.”
Mastin v. State, 966 N.E.2d 197 (Ind. Ct. App. 2012). · cites it 2× “” Ind.Code § 35-41-1-26. The statute defining sexual intercourse does not require that the, vagina be penetrated, only that the female sex organ be penetrated.”
Brian S. Adcock v. State of Indiana, 22 N.E.3d 720 (Ind. Ct. App. 2014). · cites it 2× “” I.C. § 35-41-1-26 (2002); I.C. § 35-31.5-2-302 (2014).”
Williams v. State, 924 N.E.2d 121 (Ind. Ct. App. 2010). · cites it 4× “" Ind.Code § 35-41-1-26. "Relationship" is commonly defined as "kinship, consanguinity, affinity" or "a state of affairs existing between those having relations or dealings.”
Palmer v. State, 679 N.E.2d 887 (Ind. 1997). · cites it 2× “To establish rape, the State must prove that sexual intercourse occurred.”
Curry v. State, 740 N.E.2d 162 (Ind. Ct. App. 2000). · cites it 2× “CODE § 35-41-1-26. "`Deviate sexual conduct' means an act involving: (1) a sex organ of one person and the mouth or anus of another person;.”
Beanblossom v. State, 530 N.E.2d 741 (Ind. 1988). · cites it 2× “This alone was enough for the jury to find that Gatliff had sustained an injury which created a substantial risk of death in conformity with Ind.Code § 35-41-1-26. In addition, the bullet fired by appellant which struck Gatliff's hearing aid and shattered causing laceration…”
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