Indiana Code

Ind. Code § 35-42-4-2 (2026)

Repealed

✓ current as of May 2026
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As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.37; P.L.320-1983, SEC.24; P.L.183-1984, SEC.3; P.L.31-1998, SEC.4. Repealed by P.L.158-2013, SEC.438; P.L.214-2013, SEC.37.

 

Notes of Decisions
Cited in 230 cases (5 in the last 5 years), 1978–2024 · leading case: Nolan v. State, 863 N.E.2d 398 (Ind. Ct. App. 2007).
Nolan v. State, 863 N.E.2d 398 (Ind. Ct. App. 2007). · cites it 12× “Indiana Code § 35-42-4-2(a), in its entirety, states: 2 *403 A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when: (1) the other person is compelled by force or imminent threat of force; (2) the other person is unaware…”
Ramon v. State, 888 N.E.2d 244 (Ind. Ct. App. 2008). · cites it 8× “[2] I.C. § 35-42-4-2 (West, PREMISE through 2007 1st Regular Sess.”
Ellis v. State, 736 N.E.2d 731 (Ind. 2000). · cites it 8× “Code § 35-42-4-1); criminal deviate conduct (Ind.Code § 35-42-4-2); child molesting (Ind.”
Johnson v. State, 837 N.E.2d 209 (Ind. Ct. App. 2005). · cites it 6× “" See Ind.Code § 35-42-4-2(a). "The element of intent may be proven by circumstantial evidence alone, and it is well-established that knowledge and intent may be inferred from the facts and circumstances of each case.”
Filice v. State, 886 N.E.2d 24 (Ind. Ct. App. 2008). · cites it 4× “Ind.Code § 35-42-4-2. 3 . Ind.Code §§ 35-41-5-1, 35-42-4-1 (a)(2).”
Long v. State, 743 N.E.2d 253 (Ind. 2001). · cites it 4× “" Ind.Code § 35-42-4-2 (emphasis added). The State alleged that Long committed criminal deviate conduct by "using or threatening the use of deadly force, to-wit: by holding her down and threatening to kill her.”
Sallee v. State, 777 N.E.2d 1204 (Ind. Ct. App. 2002). · cites it 4× “Ind.Code § 35-42-4-2(a), (b)(1). C.T. testified that after Sallee and Sherry led her into the house, Sherry left briefly.”
Oeth v. State, 775 N.E.2d 696 (Ind. Ct. App. 2002). · cites it 6× “Ind.Code §§ 35-42-4-2(a)(l), (b)(2). Deviate sexual conduct is defined as “an act involving: (1) a sex organ of one person and the mouth or anus of another person; or (2) the penetration of the sex organ or anus of a person by an object.”
Moore v. State, 669 N.E.2d 733 (Ind. 1996). · cites it 4× “[4] Moore had been convicted of criminal confinement and attempted forcible oral sex based on a similar incident that occurred in Madison County in October 1986.”
Fointno v. State, 487 N.E.2d 140 (Ind. 1986). · cites it 4× “), three (3) counts of class A felony criminal deviate conduct, Ind. Code § 35-42-4-2 (Burns 1979 Repl.), two (2) counts of confinement, a class B felony, Ind.”
Morrison v. State, 824 N.E.2d 734 (Ind. Ct. App. 2005). · cites it 4× “Ind.Code § 35-42-4-2; see also Appellant's App.”
Bish v. State, 421 N.E.2d 608 (Ind. 1981). · cites it 4× “); class A unlawful deviate conduct, § 35-42-4-2; and class B robbery, § 35-42-5-1.”
— Ind. Code § 35-42-4-2(1) — 4 cases
Mast v. State, 914 N.E.2d 851 (Ind. Ct. App. 2009).
Salone v. State, 652 N.E.2d 552 (Ind. Ct. App. 1995).
Sholar v. State, 626 N.E.2d 547 (Ind. Ct. App. 1993).
Tyson v. Trigg, 883 F. Supp. 1213 (S.D. Ind. 1994).
— Ind. Code § 35-42-4-2(2012) — 1 case
Jerry W. Young v. State of Indiana, 57 N.E.3d 857 (Ind. Ct. App. 2016).
— Ind. Code § 35-42-4-2(8) — 1 case
State Farm Fire & Cas. Co. v. C.F., 812 N.E.2d 181 (Ind. Ct. App. 2004).
— Ind. Code § 35-42-4-2(A)(l) — 1 case
Miles v. State, 777 N.E.2d 767 (Ind. Ct. App. 2002).
— Ind. Code § 35-42-4-2(a) — 23 cases
Johnson v. State, 837 N.E.2d 209 (Ind. Ct. App. 2005). “" See Ind.Code § 35-42-4-2(a). "The element of intent may be proven by circumstantial evidence alone, and it is well-established that knowledge and intent may be inferred from the facts and circumstances of each case.”
Sallee v. State, 777 N.E.2d 1204 (Ind. Ct. App. 2002). “Ind.Code § 35-42-4-2(a), (b)(1). C.T. testified that after Sallee and Sherry led her into the house, Sherry left briefly.”
Nolan v. State, 863 N.E.2d 398 (Ind. Ct. App. 2007). “Indiana Code § 35-42-4-2(a), in its entirety, states: 2 *403 A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when: (1) the other person is compelled by force or imminent threat of force; (2) the other person is unaware…”
Dowell v. State, 873 N.E.2d 59 (Ind. 2007).
Quanardel Wells v. State of Indiana, 2 N.E.3d 123 (Ind. Ct. App. 2014).
— Ind. Code § 35-42-4-2(a)(1) — 2 cases
Sharp v. State, 835 N.E.2d 1079 (Ind. Ct. App. 2005).
Hairston v. State, 858 N.E.2d 696 (Ind. Ct. App. 2006).
— Ind. Code § 35-42-4-2(a)(1)(C) — 1 case
— Ind. Code § 35-42-4-2(a)(2) — 9 cases
Nolan v. State, 863 N.E.2d 398 (Ind. Ct. App. 2007). “Indiana Code § 35-42-4-2(a), in its entirety, states: 2 *403 A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when: (1) the other person is compelled by force or imminent threat of force; (2) the other person is unaware…”
Becker v. State, 703 N.E.2d 696 (Ind. Ct. App. 1998).
Glover v. State, 760 N.E.2d 1120 (Ind. Ct. App. 2002).
Conrad v. State, 938 N.E.2d 852 (Ind. Ct. App. 2010).
Mato v. State, 429 N.E.2d 945 (Ind. 1982).
— Ind. Code § 35-42-4-2(a)(3) — 4 cases
Nolan v. State, 863 N.E.2d 398 (Ind. Ct. App. 2007). “Indiana Code § 35-42-4-2(a), in its entirety, states: 2 *403 A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when: (1) the other person is compelled by force or imminent threat of force; (2) the other person is unaware…”
Matthews v. State, 718 N.E.2d 807 (Ind. Ct. App. 1999).
Ron Rose v. State of Indiana (Ind. Ct. App. 2013).
Larry Garmon v. State of Indiana (Ind. Ct. App. 2012).
— Ind. Code § 35-42-4-2(a)(l) — 4 cases
Oeth v. State, 775 N.E.2d 696 (Ind. Ct. App. 2002). “Ind.Code §§ 35-42-4-2(a)(l), (b)(2). Deviate sexual conduct is defined as “an act involving: (1) a sex organ of one person and the mouth or anus of another person; or (2) the penetration of the sex organ or anus of a person by an object.”
Nolan v. State, 863 N.E.2d 398 (Ind. Ct. App. 2007). “Indiana Code § 35-42-4-2(a), in its entirety, states: 2 *403 A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when: (1) the other person is compelled by force or imminent threat of force; (2) the other person is unaware…”
Ronald DeWayne Thompson v. State of Indiana, 15 N.E.3d 1097 (Ind. Ct. App. 2014).
Catenacci v. State, 436 N.E.2d 1134 (Ind. 1982).
— Ind. Code § 35-42-4-2(b) — 8 cases
Ramon v. State, 888 N.E.2d 244 (Ind. Ct. App. 2008). “[2] I.C. § 35-42-4-2 (West, PREMISE through 2007 1st Regular Sess.”
Canaan v. State, 541 N.E.2d 894 (Ind. 1989).
Redman v. State, 743 N.E.2d 263 (Ind. 2001).
Crawford v. State, 669 N.E.2d 141 (Ind. 1996).
Quanardel Wells v. State of Indiana, 2 N.E.3d 123 (Ind. Ct. App. 2014).
— Ind. Code § 35-42-4-2(b)(1) — 3 cases
Long v. State, 743 N.E.2d 253 (Ind. 2001). “" Ind.Code § 35-42-4-2 (emphasis added). The State alleged that Long committed criminal deviate conduct by "using or threatening the use of deadly force, to-wit: by holding her down and threatening to kill her.”
Russell v. State, 743 N.E.2d 269 (Ind. 2001).
Louis Townsend v. State of Indiana (Ind. Ct. App. 2013).
— Ind. Code § 35-42-4-2(b)(2) — 1 case
Louis Townsend v. State of Indiana (Ind. Ct. App. 2013).
— Ind. Code § 35-42-4-2(b)(l) — 1 case
Sallee v. State, 777 N.E.2d 1204 (Ind. Ct. App. 2002). “Ind.Code § 35-42-4-2(a), (b)(1). C.T. testified that after Sallee and Sherry led her into the house, Sherry left briefly.”
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