Ind. Code » Title 35
Indiana Code

Ind. Code § 35-42-4-3 (2026)

Child molesting

✓ current as of May 2026
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     Sec. 3. (a) A person who, with a child under fourteen (14) years of age, knowingly or intentionally performs or submits to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) commits child molesting, a Level 3 felony. However, the offense is a Level 1 felony if:

(1) it is committed by a person at least twenty-one (21) years of age;

(2) it is committed by using or threatening the use of deadly force or while armed with a deadly weapon;

(3) it results in serious bodily injury;

(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; or

(5) it results in the transmission of a serious sexually transmitted disease and the person knew that the person was infected with the disease.

     (b) A person who, with a child under fourteen (14) years of age, performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits child molesting, a Level 4 felony. However, the offense is a Level 2 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; or

(3) 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) A person may be convicted of attempted child molesting of an individual at least fourteen (14) years of age if the person believed the individual to be a child under fourteen (14) years of age at the time the person attempted to commit the offense.

     (d) It is a defense to a prosecution under this section that the accused person reasonably believed that the child was sixteen (16) years of age or older at the time of the conduct, unless:

(1) the offense is committed by using or threatening the use of deadly force or while armed with a deadly weapon;

(2) the offense results in serious bodily injury; or

(3) 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.

     (e) 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.38; Acts 1978, P.L.82, SEC.2; Acts 1981, P.L.301, SEC.1; P.L.79-1994, SEC.12; P.L.33-1996, SEC.8; P.L.216-1996, SEC.18; P.L.31-1998, SEC.5; P.L.216-2007, SEC.42; P.L.158-2013, SEC.439; P.L.247-2013, SEC.6; P.L.168-2014, SEC.68; P.L.187-2015, SEC.48; P.L.190-2021, SEC.12; P.L.78-2022, SEC.9; P.L.186-2025, SEC.235.

 

Notes of Decisions
Cited in 946 cases (28 in the last 5 years), 1978–2026 · leading case: Barger v. State, 587 N.E.2d 1304 (Ind. 1992).
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Barger v. State, 587 N.E.2d 1304 (Ind. 1992). · cites it 28× “Ind. Code § 35-42-4-3 (d) (West 1986). The evidence revealed that Barger was the principal at the victim's elementary school.”
Riehle v. State, 823 N.E.2d 287 (Ind. Ct. App. 2005). · cites it 22× “Ind.Code § 35-42-4-3(a)(1). "Deviate sexual conduct," in turn, is defined in relevant part as an act involving "a sex organ of one person and the mouth or anus of another person.”
Steward v. State, 652 N.E.2d 490 (Ind. 1995). · cites it 16× “[2] Ind. Code Ann. § 35-42-4-3 (c) (West 1986).”
Spurlock v. State, 675 N.E.2d 312 (Ind. 1997). · cites it 18× “” See Ind. Code § 35-42-4-3 (a) (Supp.1994) and Ind.”
Sloan v. State, 947 N.E.2d 917 (Ind. 2011). · cites it 10× “NOTES [1] Ind.Code § 35-42-4-3(a)(1) (2008). [2] Id.”
McVey v. State, 863 N.E.2d 434 (Ind. Ct. App. 2007). · cites it 10× “McVey (McVey), appeals his conviction for Count I, child molesting, a Class B felony, Ind. Code § 35-42-4-3 (a); Count II, child molesting, a Class A felony, I.”
Marq Hall v. State of Indiana, 36 N.E.3d 459 (Ind. 2015). · cites it 8× “The Kentucky equivalent of the Department of Child 1 Indiana Code § 35-42-4-3(a)(1) (2008). 2 Indiana Code § 35-42-4-3(b) (2008).”
Christopher D. McCoy v. State of Indiana, 96 N.E.3d 95 (Ind. Ct. App. 2018). · cites it 10× “Case Summary [1] Indiana's child-molesting statute, Indiana Code section 35-42-4-3, establishes two categories of molestation.”
Altes v. State, 822 N.E.2d 1116 (Ind. Ct. App. 2005). · cites it 12× “STATEMENT OF THE CASE Appellant-Defendant, James Altes (Altes), appeals his conviction for Counts I and V, child molesting, as a Class A felony, Ind.Code § 35-42-4-3; and Counts II, III, and IV, child molesting, as a Class C felony, I.”
Nuerge v. State, 677 N.E.2d 1043 (Ind. Ct. App. 1997). · cites it 15× “In addition, we find sua sponte fundamental error with Nuerge’s conviction and sentence under the wrong version of the child molesting statute, Ind.Code § 35-42-4-3. We affirm in part, reverse in part, and remand with instructions.”
Downey v. State, 726 N.E.2d 794 (Ind. Ct. App. 2000). · cites it 18× “Child molesting under Ind.Code § 35-42-4-3 [2] is divided into two subsections and encompasses the acts of sexual intercourse, deviate sexual conduct, and fondling or touching with the intent to arouse sexual desires.”
Krebs v. State, 816 N.E.2d 469 (Ind. Ct. App. 2004). · cites it 10× “Ind.Code § 35-42-4-3. 2 . Ind.Code § 35-42-4-3.”
Show all 946 citing cases →
Ind. Code § 35-42-4-3(A)(1): 2 cases
Redding v. State, 844 N.E.2d 1067 (Ind. Ct. App. 2006).
State v. Kemp, 753 N.E.2d 47 (Ind. Ct. App. 2001).
Ind. Code § 35-42-4-3(B): 3 cases
Werne v. State, 750 N.E.2d 420 (Ind. Ct. App. 2001).
Danny R. Bailey v. State of Indiana (Ind. Ct. App. 2012).
Jon William Hughes v. State (Tex. App. 2009).
Ind. Code § 35-42-4-3(a): 135 cases
Spurlock v. State, 675 N.E.2d 312 (Ind. 1997). “” See Ind. Code § 35-42-4-3 (a) (Supp.1994) and Ind.”
Kien v. State, 782 N.E.2d 398 (Ind. Ct. App. 2003).
Snider v. State, 412 N.E.2d 230 (Ind. 1980).
Surber v. State, 884 N.E.2d 856 (Ind. Ct. App. 2008).
Upton v. State, 904 N.E.2d 700 (Ind. Ct. App. 2009).
Ind. Code § 35-42-4-3(a)(1): 73 cases
Riehle v. State, 823 N.E.2d 287 (Ind. Ct. App. 2005). “Ind.Code § 35-42-4-3(a)(1). "Deviate sexual conduct," in turn, is defined in relevant part as an act involving "a sex organ of one person and the mouth or anus of another person.”
Buchanan v. State, 767 N.E.2d 967 (Ind. 2002).
Brown v. State, 760 N.E.2d 243 (Ind. Ct. App. 2002).
Sloan v. State, 947 N.E.2d 917 (Ind. 2011). “NOTES [1] Ind.Code § 35-42-4-3(a)(1) (2008). [2] Id.”
Francis v. State, 817 N.E.2d 235 (Ind. 2004).
Ind. Code § 35-42-4-3(a)(2): 1 case
Koons v. State, 771 N.E.2d 685 (Ind. Ct. App. 2002).
Ind. Code § 35-42-4-3(a)(l): 18 cases
Sloan v. State, 947 N.E.2d 917 (Ind. 2011). “NOTES [1] Ind.Code § 35-42-4-3(a)(1) (2008). [2] Id.”
McVey v. State, 863 N.E.2d 434 (Ind. Ct. App. 2007). “McVey (McVey), appeals his conviction for Count I, child molesting, a Class B felony, Ind. Code § 35-42-4-3 (a); Count II, child molesting, a Class A felony, I.”
Marq Hall v. State of Indiana, 36 N.E.3d 459 (Ind. 2015). “The Kentucky equivalent of the Department of Child 1 Indiana Code § 35-42-4-3(a)(1) (2008). 2 Indiana Code § 35-42-4-3(b) (2008).”
Danny Boling v. State of Indiana, 982 N.E.2d 1055 (Ind. Ct. App. 2013).
Padgett v. State, 875 N.E.2d 310 (Ind. Ct. App. 2007).
Ind. Code § 35-42-4-3(b): 198 cases
Riehle v. State, 823 N.E.2d 287 (Ind. Ct. App. 2005). “Ind.Code § 35-42-4-3(a)(1). "Deviate sexual conduct," in turn, is defined in relevant part as an act involving "a sex organ of one person and the mouth or anus of another person.”
Sloan v. State, 947 N.E.2d 917 (Ind. 2011). “NOTES [1] Ind.Code § 35-42-4-3(a)(1) (2008). [2] Id.”
Bass v. State, 947 N.E.2d 456 (Ind. Ct. App. 2011).
Marq Hall v. State of Indiana, 36 N.E.3d 459 (Ind. 2015). “The Kentucky equivalent of the Department of Child 1 Indiana Code § 35-42-4-3(a)(1) (2008). 2 Indiana Code § 35-42-4-3(b) (2008).”
Spurlock v. State, 675 N.E.2d 312 (Ind. 1997). “” See Ind. Code § 35-42-4-3 (a) (Supp.1994) and Ind.”
Ind. Code § 35-42-4-3(b)(1): 1 case
United States v. Joshua Schatz (7th Cir. 2026).
Ind. Code § 35-42-4-3(b)(2): 1 case
Sharp v. State, 835 N.E.2d 1079 (Ind. Ct. App. 2005).
Ind. Code § 35-42-4-3(c): 34 cases
Wallace v. State, 753 N.E.2d 568 (Ind. 2001).
Lannan v. State, 600 N.E.2d 1334 (Ind. 1992).
Dixon v. State, 425 N.E.2d 673 (Ind. Ct. App. 1981).
Steward v. State, 652 N.E.2d 490 (Ind. 1995). “[2] Ind. Code Ann. § 35-42-4-3 (c) (West 1986).”
Barger v. State, 587 N.E.2d 1304 (Ind. 1992). “Ind. Code § 35-42-4-3 (d) (West 1986). The evidence revealed that Barger was the principal at the victim's elementary school.”
Ind. Code § 35-42-4-3(c)(1988): 1 case
Greer v. State, 685 N.E.2d 700 (Ind. 1997).
Ind. Code § 35-42-4-3(d): 18 cases
Barger v. State, 587 N.E.2d 1304 (Ind. 1992). “Ind. Code § 35-42-4-3 (d) (West 1986). The evidence revealed that Barger was the principal at the victim's elementary school.”
Nuerge v. State, 677 N.E.2d 1043 (Ind. Ct. App. 1997). “In addition, we find sua sponte fundamental error with Nuerge’s conviction and sentence under the wrong version of the child molesting statute, Ind.Code § 35-42-4-3. We affirm in part, reverse in part, and remand with instructions.”
Wickizer v. State, 626 N.E.2d 795 (Ind. 1993).
Steward v. State, 652 N.E.2d 490 (Ind. 1995). “[2] Ind. Code Ann. § 35-42-4-3 (c) (West 1986).”
Hodges v. State, 524 N.E.2d 774 (Ind. 1988).
Ind. Code § 35-42-4-3(e): 2 cases
United States v. David Andersson, 803 F.2d 903 (7th Cir. 1986).
State v. Yanez, 716 A.2d 759 (R.I. 1998).
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