Indiana Code

Ind. Code § 35-42-4-7 (2026)

Child seduction

✓ current as of May 2026

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Sec. 7. (a) As used in this section, "adoptive parent" has the meaning set forth in IC 31-9-2-6.

(b) As used in this section, "adoptive grandparent" means the parent of an adoptive parent.

(d) As used in this section, "child care worker" means a person who:

(1) provides care, supervision, or instruction to a child within the scope of the person's employment in a shelter care facility;

(2) is employed by a:

(A) school corporation;

(B) charter school;

(D) special education cooperative;

attended by a child who is the victim of a crime under this chapter; or

(3) is:

(A) affiliated with a:

(i) school corporation;

(ii) charter school;

(iii) nonpublic school; or

(iv) special education cooperative;

attended by a child who is the victim of a crime under this chapter, regardless of how or whether the person is compensated;

(B) in a position of trust in relation to a child who attends the school or cooperative;

(D) at least four (4) years older than the child who is the victim of a crime under this chapter.

The term does not include a student who attends the school or cooperative.

(e) As used in this section, "coach" means a person who:

(1) provides care, supervision, or instruction to a child within the scope of the person's employment in a youth sports organization;

(2) is employed by a youth sports organization attended by a child who is the victim of a crime under this chapter; or

(3) is:

(A) affiliated with a youth sports organization attended by a child who is the victim of a crime under this chapter, regardless of how or whether the person is compensated;

(B) in a position of trust in relation to a child who participates in the youth sports organization;

(D) at least four (4) years older than the child who is the victim of a crime under this chapter.

This term includes a coach who is nonteaching or a volunteer.

(f) As used in this section, "custodian" means any person who resides with a child and is responsible for the child's welfare.

(g) As used in this section, "mental health professional" means:

(1) a mental health counselor licensed under IC 25-23.6-8.5;

(2) a psychologist; or

(3) a psychiatrist.

(h) As used in this section, "military recruiter" means a member of:

(1) the United States Air Force;

(2) the United States Army;

(3) the United States Coast Guard;

(4) the United States Marine Corps;

(5) the United States Navy;

(6) the United States Space Force;

(7) any reserve components of the military forces listed in subdivisions (1) through (5); or

(8) the Indiana National Guard;

whose primary job function, classification, or specialty is recruiting individuals to enlist with an entity listed in subdivisions (1) through (8).

(i) As used in this section, "nonpublic school" has the meaning set forth in IC 20-18-2-12.

(j) For purposes of this section, a person has a "professional relationship" with a child if:

(1) the person:

(A) has a license issued by the state or a political subdivision on the basis of the person's training and experience that authorizes the person to carry out a particular occupation; or

(B) is employed in a position in which counseling, supervising, instructing, or recruiting children forms a significant part of the employment; and

(2) the person has a relationship with a child that is based on the person's employment or licensed status as described in subdivision (1).

The term includes a relationship between a child and a mental health professional or military recruiter. The term does not include a coworker relationship between a child and a person described in subdivision (1)(B).

(k) As used in this section, "school corporation" has the meaning set forth in IC 20-18-2-16.

(l) As used in this section, "special education cooperative" has the meaning set forth in IC 20-35-5-1.

(m) As used in this section, "stepparent" means an individual who is married to a child's custodial or noncustodial parent and is not the child's adoptive parent.

(n) As used in this section, "workplace supervisor" means an individual who has authority over a child while the child is employed at the child's place of employment. The term includes a person who is responsible for determining the child's wages (including whether the child will receive a raise) or who otherwise has the authority to take an adverse employment action against the child.

(o) As used in this section, "youth sports organization" means an athletic or recreational program that is organized for:

(1) competition against another team, club, or entity; or

(2) athletic instruction;

predominantly for children less than eighteen (18) years of age.

(p) If a person who:

(1) is at least eighteen (18) years of age; and

(2) is the:

(A) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of;

(B) child care worker for; or

a child less than eighteen (18) years of age;

engages with the child in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the adult, the person commits child seduction.

(q) A person who:

(1) has or had a professional relationship with a child less than eighteen (18) years of age whom the person knows to be less than eighteen (18) years of age;

(2) may exert undue influence on the child because of the person's current or previous professional relationship with the child; and

(3) uses or exerts the person's professional relationship to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the person;

commits child seduction.

(r) A law enforcement officer who:

(1) is at least four (4) years older than a child who is less than eighteen (18) years of age;

(2) has contact with the child while acting within the scope of the law enforcement officer's official duties with respect to the child; and

(3) uses or exerts the law enforcement officer's professional relationship with the child to engage with the child in:

(A) sexual intercourse;

(B) other sexual conduct (as defined in IC 35-31.5-2-221.5); or

(C) any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the law enforcement officer;

commits child seduction.

(s) In determining whether a person used or exerted the person's professional relationship with the child to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the intent to arouse or satisfy the sexual desires of the child or the person under this section, the trier of fact may consider one (1) or more of the following:

(1) The age difference between the person and the child.

(2) Whether the person was in a position of trust with respect to the child.

(3) Whether the person's conduct with the child violated any ethical obligations of the person's profession or occupation.

(4) The authority that the person had over the child.

(5) Whether the person exploited any particular vulnerability of the child.

(6) Any other evidence relevant to the person's ability to exert undue influence over the child.

(t) This subsection does not apply to a workplace supervisor who had a dating relationship with the child before the child was employed at the place of employment. A workplace supervisor who:

(1) is at least four (4) years older than a child who is less than eighteen (18) years of age;

(2) supervises the child at the child's place of employment; and

(3) uses or exerts the workplace supervisor's supervisory relationship with the child to engage with the child in:

(A) sexual intercourse;

(B) other sexual conduct (as defined in IC 35-31.5-2-221.5); or

(C) any fondling or touching with the child with the intent to arouse or satisfy the sexual desires of the child or the workplace supervisor;

commits child seduction.

(u) In determining whether a workplace supervisor used or exerted the workplace supervisor's relationship with the child to engage in sexual intercourse, other sexual conduct (as defined in IC 35-31.5-2-221.5), or any fondling or touching with the intent to arouse or satisfy the sexual desires of the child or the workplace supervisor, the trier of fact may consider one (1) or more of the following:

(1) The age difference between the workplace supervisor and the child.

(2) Whether the workplace supervisor was in a position of trust with respect to the child.

(3) Whether the workplace supervisor suggested to the child that engaging or not engaging in sexual activity with the workplace supervisor would or could affect the child at the child's place of employment.

(4) The authority that the workplace supervisor had over the child.

(5) Whether the workplace supervisor exploited any particular vulnerability of the child.

(6) Any other evidence relevant to the workplace supervisor's ability to exert undue influence over the child.

(v) Child seduction under this section is:

(1) a Level 6 felony if the child is at least sixteen (16) years of age but less than eighteen (18) years of age and the person or law enforcement officer engaged in any fondling or touching with the intent to arouse or satisfy the sexual desires of:

(A) the child; or

(B) the person or law enforcement officer;

(2) a Level 5 felony if the child is at least sixteen (16) years of age but less than eighteen (18) years of age and the person or law enforcement officer engaged in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the child;

(3) a Level 5 felony if the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person or law enforcement officer engaged in any fondling or touching with the intent to arouse or satisfy the sexual desires of:

(A) the child; or

(B) the person or law enforcement officer;

(4) a Level 4 felony if the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person or law enforcement officer engaged in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the child;

(5) a Level 3 felony if the child is thirteen (13) years of age or under and the person or law enforcement officer engaged in any fondling or touching with the intent to arouse or satisfy the sexual desires of:

(A) the child; or

(B) the person or law enforcement officer; and

(6) a Level 2 felony if the child is thirteen (13) years of age or under and the person or law enforcement officer engaged in sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the child.

As added by P.L.158-1987, SEC.4. Amended by P.L.1-1997, SEC.148; P.L.71-1998, SEC.5; P.L.228-2001, SEC.5; P.L.161-2003, SEC.10; P.L.1-2005, SEC.228; P.L.125-2009, SEC.7; P.L.114-2012, SEC.138; P.L.208-2013, SEC.8; P.L.158-2013, SEC.443; P.L.168-2014, SEC.71; P.L.226-2014(ts), SEC.5; P.L.233-2015, SEC.324; P.L.40-2019, SEC.12; P.L.133-2023, SEC.13; P.L.238-2025, SEC.87.

Notes of Decisions

Cited in 43 cases (1 in the last 5 years), 1996–2023 · leading case: Stratton v. State, 791 N.E.2d 220 (Ind. Ct. App. 2003).

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Stratton v. State, 791 N.E.2d 220 (Ind. Ct. App. 2003). · cites it 20× “On March 16, 2001, the State filed an information against Stratton charging him with two counts of child seduction, Class D felonies, Ind.Code § 35-42-4-7. 1 On Au *223 gust 13, 2001, Stratton filed a Motion to Dismiss stating that he was not an employee of Frankfort Christian…”

Gellenbeck v. State, 918 N.E.2d 706 (Ind. Ct. App. 2009). · cites it 12× “Ind.Code § 35-42-4-7 (2006). Gellenbeck does not dispute that he resided with V.”

State v. Fettig, 884 N.E.2d 341 (Ind. Ct. App. 2008). · cites it 14× “, a child-care worker employed at a shelter allegedly had sexual contact with a minor staying at the shelter and was charged with child seduction, a Class D felony, I.C. § 35-42-4-7. Id. at 587. At the time when D.”

Smith v. State, 867 N.E.2d 1286 (Ind. 2007). · cites it 14× “The information alleged that on or about November 26, 2004, he was at least eighteen years of age and "a child care worker of a child" between sixteen and eighteen years of age, when he "did engage in fondling with the child," with the intent to arouse or satisfy his own sexual…”

Edward Gilliland v. State of Indiana, 979 N.E.2d 1049 (Ind. Ct. App. 2012). · cites it 8× “” Indiana Code Section 35-42-4-7(d) defines “child care worker” in pertinent part as a person who (2) is employed by a: (A) school corporation; … attended by a child who is the victim of a crime under this chapter; or (3) is: (A) affiliated with a: (i) school corporation; ……”

Anthony H. Dye v. State of Indiana, 972 N.E.2d 853 (Ind. 2012). · cites it 4× “To paraphrase Conrad, it increases the potential punishment for ‘legal consensual sex’ from nothing at all to six months to three years imprisonment and a fine of up to $10,000.”

Asher v. State, 790 N.E.2d 567 (Ind. Ct. App. 2003). · cites it 4× “Ind.Code § 35-42-4-7. 2 . The victim was twenty four years old at the time of trial.”

Marybeth Lebo v. State of Indiana, 977 N.E.2d 1031 (Ind. Ct. App. 2012). · cites it 4× “Code § 35-42-4-9 (requiring a victim less than sixteen years of age), or those of child seduction, Ind. Code § 35-42-4-7 (requiring a victim at least sixteen years of age).”

United States v. Rodriguez-Guzman, 506 F.3d 738 (9th Cir. 2007). · cites it 2× “§ 5/12-13; Ind.Code § 35-42-4-7; Kan. Stat. Ann. § 21-3603 ; La.”

600 Land, Inc. v. Metro. Bd. of Zoning Appeals of Marion Cnty., 889 N.E.2d 305 (Ind. 2008). · cites it 3× “…in loco parentis. The child-care worker did not. 674 N.E.2d 585 (Ind.Ct.App. 1996), trans. denied (discussing I.C. § 35-42-4-7).”

Doe v. O'connor, 790 N.E.2d 985 (Ind. 2003). · cites it 2× “Code § 35-42-4-6); child seduction (Ind.Code § 35-42-4-7); sexual misconduct with a minor (Ind.”

Doe v. Lafayette Sch. Corp., 846 N.E.2d 691 (Ind. Ct. App. 2006). · cites it 2× “As a result, on July 11, 20083, Cole was convicted of child seduction and engaging in deviate sexual conduct, pursuant to Ind.Code § 35-42-4-7. This appeal, however, is the consequence of a civil negligence claim filed by Doe following Cole's conviction.”

Show all 43 citing cases →

— Ind. Code § 35-42-4-7(c) — 4 cases

Stratton v. State, 791 N.E.2d 220 (Ind. Ct. App. 2003). “On March 16, 2001, the State filed an information against Stratton charging him with two counts of child seduction, Class D felonies, Ind.Code § 35-42-4-7. 1 On Au *223 gust 13, 2001, Stratton filed a Motion to Dismiss stating that he was not an employee of Frankfort Christian…”

State v. Fettig, 884 N.E.2d 341 (Ind. Ct. App. 2008). “, a child-care worker employed at a shelter allegedly had sexual contact with a minor staying at the shelter and was charged with child seduction, a Class D felony, I.C. § 35-42-4-7. Id. at 587. At the time when D.”

Smith v. State, 867 N.E.2d 1286 (Ind. 2007). “The information alleged that on or about November 26, 2004, he was at least eighteen years of age and "a child care worker of a child" between sixteen and eighteen years of age, when he "did engage in fondling with the child," with the intent to arouse or satisfy his own sexual…”

Smith v. State, 853 N.E.2d 1267 (Ind. Ct. App. 2006).

— Ind. Code § 35-42-4-7(d) — 2 cases

Edward Gilliland v. State of Indiana, 979 N.E.2d 1049 (Ind. Ct. App. 2012). “” Indiana Code Section 35-42-4-7(d) defines “child care worker” in pertinent part as a person who (2) is employed by a: (A) school corporation; … attended by a child who is the victim of a crime under this chapter; or (3) is: (A) affiliated with a: (i) school corporation; ……”

Gellenbeck v. State, 918 N.E.2d 706 (Ind. Ct. App. 2009). “Ind.Code § 35-42-4-7 (2006). Gellenbeck does not dispute that he resided with V.”

— Ind. Code § 35-42-4-7(d)(1) — 1 case

Daniel A. Greer v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).

— Ind. Code § 35-42-4-7(d)(2) — 1 case

Robert Corbin v. State of Indiana, 999 N.E.2d 70 (Ind. Ct. App. 2013).

— Ind. Code § 35-42-4-7(e) — 1 case

Steven Hagan v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).

— Ind. Code § 35-42-4-7(h) — 4 cases

Jewell v. State, 957 N.E.2d 625 (Ind. 2011).

Robert M. Nolan v. State of Indiana (Ind. Ct. App. 2012).

Larry J. Truesdale v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).

— Ind. Code § 35-42-4-7(h)(1) — 2 cases

Gellenbeck v. State, 918 N.E.2d 706 (Ind. Ct. App. 2009). “Ind.Code § 35-42-4-7 (2006). Gellenbeck does not dispute that he resided with V.”

Robert M. Nolan v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).

— Ind. Code § 35-42-4-7(h)(2)(B) — 1 case

— Ind. Code § 35-42-4-7(i) — 2 cases

Mark Benner v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).

Mark Benner v. State of Indiana (Ind. Ct. App. 2019).

— Ind. Code § 35-42-4-7(i)(1)(B) — 1 case

Mark Benner v. State of Indiana (Ind. Ct. App. 2019).

— Ind. Code § 35-42-4-7(k) — 4 cases

Wayne L. Patton v. State of Indiana, 990 N.E.2d 511 (Ind. Ct. App. 2013).

Robert M. Nolan v. State of Indiana (Ind. Ct. App. 2012).

Larry J. Truesdale v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).

— Ind. Code § 35-42-4-7(m) — 6 cases

Lawrence M. Davis v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).

Randy Allen Horn v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).

Steven Hagan v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).

Amjab Salhab v. State of Indiana (Ind. Ct. App. 2020).

Ronal Zelaya Hernandez v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).

— Ind. Code § 35-42-4-7(n) — 3 cases

Christopher C. Brown v. State of Indiana (mem. dec.), 67 N.E.3d 1127 (Ind. Ct. App. 2017).

Mark Benner v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).

Mark Benner v. State of Indiana (Ind. Ct. App. 2019).

— Ind. Code § 35-42-4-7(o) — 1 case

Daniel A. Greer v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).

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