Indiana Code
Ind. Code § 35-42-4-8 (2026)
Sexual battery
✓ current as of May 2026
Sec. 8. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person:
(1) touches another person when that person is:
(A) compelled to submit to the touching by force or the imminent threat of force; or
(B) so mentally disabled or deficient that consent to the touching cannot be given; or
(2) touches another person's genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring;
commits sexual battery, a Level 6 felony.
(b) An offense described in subsection (a) is a Level 4 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.
As added by P.L.322-1987, SEC.2. Amended by P.L.31-1998, SEC.7; P.L.72-2012, SEC.4; P.L.158-2013, SEC.444; P.L.186-2025, SEC.237.
Notes of Decisions
Cited in 147
cases (8 in the last 5 years), 1983–2026 · leading case: Bailey v. State, 764 N.E.2d 728 (Ind. Ct. App. 2002).
Bailey v. State, 764 N.E.2d 728 (Ind. Ct. App. 2002). “Code § 35-42-4-8, which provides, in pertinent part, that: A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person, touches another person when that person is ... compelled to submit to the touching by force or the…”
Thompson v. State, 761 N.E.2d 467 (Ind. Ct. App. 2002). “Thompson (Thompson), appeals his conviction of sexual battery, a Class D felony, Ind.Code § 35-42-4-8. Thompson also appeals the sentence imposed on him by the trial court.”
Ball v. State, 945 N.E.2d 252 (Ind. Ct. App. 2011). “We begin by noting that Ball contends he was “officially” charged with and convicted of sexual battery by force or threat of force because in addition to the statutory cite to Indiana Code section 35-42-4-8(a)(1) in the body of the information and the preliminary instruction to…”
Altes v. State, 822 N.E.2d 1116 (Ind. Ct. App. 2005). “IC. § 35-42-4-8; see Kirk, 797 N.E.2d at 841 .”
Maurice Frazier v. State of Indiana, 988 N.E.2d 1257 (Ind. Ct. App. 2013). ““Not all touchings intended to arouse or satisfy sexual desires constitute sexual battery; only those in which the person touched is compelled to submit by force or imminent threat of force violate Indiana Code section 35-42-4-8.” Id. Frazier contends that the State did not…”
McCarter v. State, 961 N.E.2d 43 (Ind. Ct. App. 2012). “See Ind. Code § 35-42-4-8 (a)(l). Although not clearly stated, all of McCarter’s arguments on appeal appear to assert that the State failed to prove compulsion by the use of force or threat of force.”
Payton v. State, 818 N.E.2d 493 (Ind. Ct. App. 2004). “NOTES [1] Ind.Code § 35-42-4-8. [2] Ind.Code § 35-44-2-3.”
Barger v. State, 587 N.E.2d 1304 (Ind. 1992). “While one might always wish for statutes drafted so as to make the job of interpretation easier, we think it is inconceivable that the legislature intended through Ind.Code § 35-42-4-8 to absolve defendants who molest children around their twelfth birthdays such that it is…”
Ellis v. State, 736 N.E.2d 731 (Ind. 2000). “Code § 35-42-4-5); sexual misconduct with a minor (Ind.Code § 35-42-4-8); and arson (Ind.Code § 35-43-1-1).”
Morrison v. State, 824 N.E.2d 734 (Ind. Ct. App. 2005). “Ind.Code § 35-42-4-8; see also Appellant's App.”
United States v. Jeffrey Stock, 685 F.3d 621 (6th Cir. 2012). “Appellant Jeffrey Stock is a sex offender; in 1998, he pleaded guilty to two counts of sexual battery, in violation of Indiana Code § 35-42-4-8. Before August 2008, Stock resided in Indiana.”
Howard v. State, 816 N.E.2d 948 (Ind. Ct. App. 2004). “On June 24, 2002, the State filed an information, charging Howard with Count I-IV, child molesting, a Class A felony, I.C. § 35-42-4-8. On November 5 through November 13, 2008, a jury trial was held.”
— Ind. Code § 35-42-4-8(1) — 1 case
Smith v. State, 678 N.E.2d 1152 (Ind. Ct. App. 1997).
— Ind. Code § 35-42-4-8(1993) — 1 case
Rogers v. State, 715 N.E.2d 428 (Ind. Ct. App. 1999).
— Ind. Code § 35-42-4-8(a) — 22 cases
Wiseheart v. State, 491 N.E.2d 985 (Ind. 1986).
Ball v. State, 945 N.E.2d 252 (Ind. Ct. App. 2011). “We begin by noting that Ball contends he was “officially” charged with and convicted of sexual battery by force or threat of force because in addition to the statutory cite to Indiana Code section 35-42-4-8(a)(1) in the body of the information and the preliminary instruction to…”
Chatham v. State, 845 N.E.2d 203 (Ind. Ct. App. 2006).
Scott v. State, 771 N.E.2d 718 (Ind. Ct. App. 2002).
Butcher v. State, 627 N.E.2d 855 (Ind. Ct. App. 1994).
— Ind. Code § 35-42-4-8(a)(1) — 9 cases
Ball v. State, 945 N.E.2d 252 (Ind. Ct. App. 2011). “We begin by noting that Ball contends he was “officially” charged with and convicted of sexual battery by force or threat of force because in addition to the statutory cite to Indiana Code section 35-42-4-8(a)(1) in the body of the information and the preliminary instruction to…”
Howard v. State, 816 N.E.2d 948 (Ind. Ct. App. 2004). “On June 24, 2002, the State filed an information, charging Howard with Count I-IV, child molesting, a Class A felony, I.C. § 35-42-4-8. On November 5 through November 13, 2008, a jury trial was held.”
Taylor v. State, 841 N.E.2d 631 (Ind. Ct. App. 2006).
Westmoreland v. State, 787 N.E.2d 1005 (Ind. Ct. App. 2003).
McCarter v. State, 961 N.E.2d 43 (Ind. Ct. App. 2012). “See Ind. Code § 35-42-4-8 (a)(l). Although not clearly stated, all of McCarter’s arguments on appeal appear to assert that the State failed to prove compulsion by the use of force or threat of force.”
— Ind. Code § 35-42-4-8(a)(1)(A) — 5 cases
Arthur Moore v. State of Indiana (Ind. Ct. App. 2024).
Jeffrey Ashley v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).
Jimmy D. Edwards v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018).
Gregory Dwayne Smith, Jr. v. State of Indiana (Ind. Ct. App. 2026).
Christopher Underwood v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).
— Ind. Code § 35-42-4-8(a)(1)(B) — 2 cases
H.H. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
Paul Bell Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).
— Ind. Code § 35-42-4-8(a)(2) — 1 case
Michael J Steury v. State of Indiana (Ind. Ct. App. 2024).
— Ind. Code § 35-42-4-8(a)(l) — 1 case
McCarter v. State, 961 N.E.2d 43 (Ind. Ct. App. 2012). “See Ind. Code § 35-42-4-8 (a)(l). Although not clearly stated, all of McCarter’s arguments on appeal appear to assert that the State failed to prove compulsion by the use of force or threat of force.”
— Ind. Code § 35-42-4-8(a)(l)(A) — 2 cases
Maurice Frazier v. State of Indiana, 988 N.E.2d 1257 (Ind. Ct. App. 2013). ““Not all touchings intended to arouse or satisfy sexual desires constitute sexual battery; only those in which the person touched is compelled to submit by force or imminent threat of force violate Indiana Code section 35-42-4-8.” Id. Frazier contends that the State did not…”
Terrence T. Walker v. State of Indiana, 988 N.E.2d 341 (Ind. Ct. App. 2013).
— Ind. Code § 35-42-4-8(b) — 8 cases
Cruz Angeles v. State, 751 N.E.2d 790 (Ind. Ct. App. 2001).
Lockhart v. State, 671 N.E.2d 893 (Ind. Ct. App. 1996).
T.G. v. State of Indiana, 3 N.E.3d 19 (Ind. Ct. App. 2014).
Altes v. State, 822 N.E.2d 1116 (Ind. Ct. App. 2005). “IC. § 35-42-4-8; see Kirk, 797 N.E.2d at 841 .”
Hawk v. State, 506 N.E.2d 71 (Ind. Ct. App. 1987).
— Ind. Code § 35-42-4-8(c) — 2 cases
Wallace v. State, 753 N.E.2d 568 (Ind. 2001).
Phillips v. State, 499 N.E.2d 803 (Ind. Ct. App. 1986).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.