Ind. Code » Title 35
Indiana Code

Ind. Code § 35-42-4-1 (2026)

Rape; restitution

✓ current as of May 2026
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     Sec. 1. (a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct (as defined in IC 35-31.5-2-221.5) when:

(1) the other person is compelled by force or imminent threat of force;

(2) the other person is unaware that the sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) is occurring;

(3) the other person is so mentally disabled or deficient that consent to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) cannot be given; or

(4) the person disregarded the other person's attempts to physically, verbally, or by other visible conduct refuse the person's acts;

commits rape, a Level 3 felony.

     (b) An offense described in subsection (a) is a Level 1 felony if:

(1) it is committed by using or threatening the use of deadly force;

(2) it is committed while armed with a deadly weapon;

(3) it results in serious bodily injury to a person other than a defendant; or

(4) 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 35-48-1.1-7) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.

     (c) In addition to any other penalty imposed for a violation of this section, the court shall order the person to pay restitution under IC 35-50-5-3 for expenses related to pregnancy and childbirth if the pregnancy is a result of the offense.

As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.36; P.L.320-1983, SEC.23; P.L.16-1984, SEC.19; P.L.297-1989, SEC.1; P.L.31-1998, SEC.3; P.L.158-2013, SEC.437; P.L.214-2013, SEC.36; P.L.168-2014, SEC.67; P.L.78-2022, SEC.8; P.L.92-2022, SEC.1; P.L.105-2022, SEC.27; P.L.186-2025, SEC.234.

 

Notes of Decisions
Cited in 427 cases (28 in the last 5 years), 1978–2026 · leading case: Wright v. State, 881 N.E.2d 1018 (Ind. Ct. App. 2008).
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Wright v. State, 881 N.E.2d 1018 (Ind. Ct. App. 2008). · cites it 11× “Indiana Code section 35-50-2-14(a), provides in pertinent part: The state may seek to have a person sentenced as a repeat sexual offender for a sex offense under [I.C. § 35-42-4-1 through [I.C. § 35-42-4-9 or [I.”
Overstreet v. State, 783 N.E.2d 1140 (Ind. 2003). · cites it 6× “Indiana Code § 35-42-4-1 (1998) defines the crime as follows: A person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when: (1) the other person is compelled by force or imminent threat of force; (2) the other person is unaware that the…”
Sanchez v. State, 749 N.E.2d 509 (Ind. 2001). · cites it 6× “, Ind. Code § 35-42-4-1 (1998). Under the statute upheld today, a criminal defendant is denied the opportunity to present evidence that is relevant to these legislatively enacted elements.”
Alvies v. State, 905 N.E.2d 57 (Ind. Ct. App. 2009). · cites it 6× “Code § 35-42-1-1, rape, as a Class A felony, Ind.Code § 35-42-4-1, criminal confinement, as a Class B felony, Ind.”
Ellis v. State, 736 N.E.2d 731 (Ind. 2000). · cites it 8× “Code § 35-42-3-2 ); rape (Ind.Code § 35-42-4-1); criminal deviate conduct (Ind.”
Christopher Smith v. State of Indiana, 8 N.E.3d 668 (Ind. 2014). · cites it 9× “” Ind. Code § 35-42-4-1 (a) (2008). The statutes presume that a person making such a report is acting in good faith, and immunize such good-faith conduct from civil or criminal liability.”
Brown v. State, 442 N.E.2d 1109 (Ind. 1982). · cites it 8× “He was found guilty on three counts of rape, a Class A felony, Ind. Code § 35-42-4-1 (Burns 1979 Repl.), three counts of confinement, a Class B felony, Ind.”
Ramon v. State, 888 N.E.2d 244 (Ind. Ct. App. 2008). · cites it 6× “NOTES [1] Ind.Code Ann. § 35-42-4-1 (West, PREMISE through 2007 1st Regular Sess.”
Newbill v. State, 884 N.E.2d 383 (Ind. Ct. App. 2008). · cites it 8× “" Ind.Code § 35-42-4-1. As our Supreme Court explained in Tobias v.”
Firestone v. State, 838 N.E.2d 468 (Ind. Ct. App. 2005). · cites it 6× “Firestone (Firestone), appeals his convictions for rape as a Class B felony, Ind.Code § 35-42-4-1, and criminal deviate conduct as a Class B felony, 1.”
Glover v. State, 760 N.E.2d 1120 (Ind. Ct. App. 2002). · cites it 6× “The State presented sufficient evidence to establish that the victim was unaware that intercourse was taking place. Finally, Glover was not denied his due process right to a jury of his peers.”
Koo v. State, 640 N.E.2d 95 (Ind. Ct. App. 1994). · cites it 8× “See Ind. Code § 35-42-4-1 . VI. Koo next contends that the trial court erred in denying his motion to correct errors based on newly discovered evidence.”
Show all 427 citing cases →
Ind. Code § 35-42-4-1(1): 4 cases
Mato v. State, 429 N.E.2d 945 (Ind. 1982).
Roberts v. State, 712 N.E.2d 23 (Ind. Ct. App. 1999).
Woods v. State, 587 N.E.2d 718 (Ind. Ct. App. 1992).
Tyson v. Trigg, 883 F. Supp. 1213 (S.D. Ind. 1994).
Ind. Code § 35-42-4-1(2): 1 case
Betwel Birari v. State of Indiana, 968 N.E.2d 827 (Ind. Ct. App. 2012).
Ind. Code § 35-42-4-1(3): 1 case
Brown v. State, 525 N.E.2d 294 (Ind. 1988).
Ind. Code § 35-42-4-1(a): 28 cases
Michael Johnson v. State of Indiana, 6 N.E.3d 491 (Ind. Ct. App. 2014).
Johnson v. State, 837 N.E.2d 209 (Ind. Ct. App. 2005).
Hampton v. State, 961 N.E.2d 480 (Ind. 2012).
Coates v. State, 534 N.E.2d 1087 (Ind. 1989).
Paul D. Woodcox v. State of Indiana, 30 N.E.3d 748 (Ind. Ct. App. 2015).
Ind. Code § 35-42-4-1(a)(1): 25 cases
Ward v. State, 903 N.E.2d 946 (Ind. 2009).
Richardson v. State, 906 N.E.2d 241 (Ind. Ct. App. 2009).
Flake v. State, 767 N.E.2d 1004 (Ind. Ct. App. 2002).
Hampton v. State, 873 N.E.2d 1074 (Ind. Ct. App. 2007).
Munn v. State, 505 N.E.2d 782 (Ind. 1987).
Ind. Code § 35-42-4-1(a)(2): 8 cases
Glover v. State, 760 N.E.2d 1120 (Ind. Ct. App. 2002). “The State presented sufficient evidence to establish that the victim was unaware that intercourse was taking place. Finally, Glover was not denied his due process right to a jury of his peers.”
Filice v. State, 886 N.E.2d 24 (Ind. Ct. App. 2008).
Ball v. State, 945 N.E.2d 252 (Ind. Ct. App. 2011).
Michael J Steury v. State of Indiana (Ind. Ct. App. 2024).
Andrew Biggs v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
Ind. Code § 35-42-4-1(a)(3): 4 cases
Bozarth v. State, 520 N.E.2d 460 (Ind. Ct. App. 1988).
Thomas K. Jackson v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
D.G. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
Eric Manual Montgomery v. State of Indiana (Ind. Ct. App. 2024).
Ind. Code § 35-42-4-1(a)(b): 1 case
Jason L. Caldwell v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).
Ind. Code § 35-42-4-1(b): 8 cases
State v. Pollard, 908 N.E.2d 1145 (Ind. 2009).
Winn v. State, 748 N.E.2d 352 (Ind. 2001).
Ramon v. State, 888 N.E.2d 244 (Ind. Ct. App. 2008). “NOTES [1] Ind.Code Ann. § 35-42-4-1 (West, PREMISE through 2007 1st Regular Sess.”
Quanardel Wells v. State of Indiana, 2 N.E.3d 123 (Ind. Ct. App. 2014).
White v. State, 756 N.E.2d 1057 (Ind. Ct. App. 2001).
Ind. Code § 35-42-4-1(b)(1): 1 case
Abrajan v. State, 917 N.E.2d 709 (Ind. Ct. App. 2009).
Ind. Code § 35-42-4-1(b)(2): 1 case
Lafayette v. State, 899 N.E.2d 736 (Ind. Ct. App. 2009).
Ind. Code § 35-42-4-1(b)(3): 2 cases
Curry v. State, 740 N.E.2d 162 (Ind. Ct. App. 2000).
Shepherd v. State, 902 N.E.2d 360 (Ind. Ct. App. 2009).
Ind. Code § 35-42-4-1(b)(4): 1 case
Hancock v. State, 768 N.E.2d 880 (Ind. 2002).
Ind. Code § 35-42-4-1(l): 1 case
Roberts v. State, 712 N.E.2d 23 (Ind. Ct. App. 1999).
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