Ind. Code » Title 35
Indiana Code

Ind. Code § 35-45-4-2 (2026)

Prostitution

✓ current as of May 2026
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     Sec. 2. (a) A person at least eighteen (18) years of age who knowingly or intentionally:

(1) performs, or offers or agrees to perform, sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5); or

(2) fondles, or offers or agrees to fondle, the genitals of another person;

for money or other property commits prostitution, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has two (2) prior convictions under this section.

     (b) It is a defense to a prosecution under this section that the person was a victim or an alleged victim of an offense under IC 35-42-3.5-1 through IC 35-42-3.5-1.4 at the time the person engaged in the prohibited conduct.

As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.77; Acts 1979, P.L.301, SEC.1; P.L.310-1983, SEC.3; P.L.158-2013, SEC.526; P.L.23-2015, SEC.4; P.L.86-2017, SEC.15; P.L.144-2018, SEC.30.

 

Notes of Decisions
Cited in 26 cases (3 in the last 5 years), 1978–2024 · leading case: Harwell v. State, 821 N.E.2d 381 (Ind. Ct. App. 2005).
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Harwell v. State, 821 N.E.2d 381 (Ind. Ct. App. 2005). · cites it 6× “STATEMENT OF THE CASE Appellant-Defendant, Lisa Harwell (Harwell), appeals her conviction for Count I, prostitution, a Class D felony, Ind.Code § 35-45-4-2. We affirm. ISSUE Harwell raises one issue on appeal, which we restate as follows: whether the State presented sufficient…”
Nation v. State, 445 N.E.2d 565 (Ind. 1983). · cites it 2× “The interpretation of the phrase "to become a prostitute" proffered by Defendant is not the one intended by the drafters of the statute: "The term `to become a prostitute' in this clause, relates back to the crime of prostitution *570 (Ind. Code 35-45-4-2 (Burns 1979)) which…”
Pritchett v. Heil, 756 N.E.2d 561 (Ind. Ct. App. 2001). · cites it 2× “" Ind.Code § 35-45-4-2. In convicting Heil of prostitution, the jury nee-essarily determined that she engaged in sexual intercourse or deviate sexual conduct "knowingly or intentionally.”
City of Indianapolis v. Wright, 371 N.E.2d 1298 (Ind. 1978). · cites it 2× “Code § 35-1-83-3 (Burns 1975) [public indecency, now repealed] ; Ind. Code § 35-45-4-2 (Burns Supp. 1977) [new penal code provision on prostitution]; Ind.”
Lasko v. State, 409 N.E.2d 1124 (Ind. Ct. App. 1980). · cites it 2× “Ind.Code § 35-45-4-2 (as amended). [Emphasis added.”
Newman v. State, 677 N.E.2d 590 (Ind. Ct. App. 1997). · cites it 2× “Ind.Code 35-45-4-2. 3 . Ind.Code 35-44-3~3(a)(l).”
Nickole Nichols v. State of Indiana, 31 N.E.3d 1038 (Ind. Ct. App. 2015). · cites it 4× “]” I.C. § 35-45-4-2. [11] Nichols acknowledges that the State established the elements of Class A misdemeanor prostitution, but she argues that it did not rebut her defense of entrapment.”
Glasgo v. Glasgo, 410 N.E.2d 1325 (Ind. Ct. App. 1980). “Our most recent criminal code does not attempt to proscribe sexual conduct between consenting adults in private (see Ind.”
Blanton v. State, 533 N.E.2d 190 (Ind. Ct. App. 1989). · cites it 2× “NOTES [1] Indiana Code 35-45-4-2 (Burns Code Ed.Repl.”
Gilbert v. State, 954 N.E.2d 515 (Ind. Ct. App. 2011). · cites it 2× “Ind.Code § 35-45-4-2. 2 . Gilbert also argues that when Officer Decker's hearsay testimony is excluded, the evidence is insufficient to sustain her conviction.”
City of South Bend v. Bowman, 434 N.E.2d 104 (Ind. Ct. App. 1982). “(4) ‘Sexual activity’ or ‘sexual conduct’ means acts of prostitution, patronizing a prostitute, or promoting prostitution as such acts are proscribed and defined by Indiana Code 35-45-4-2, 35-45-4-3 and 35-45-4-4, or as these statutes hereafter shall be amended.”
Low v. State, 580 N.E.2d 737 (Ind. Ct. App. 1991). “Indiana Code 35-45-4-2 (1988) states: A person who knowingly or intentionally: (1) performs, or offers or agrees to perform .”
Show all 26 citing cases →
— Ind. Code § 35-45-4-2(1) — 2 cases
Nickole Nichols v. State of Indiana, 31 N.E.3d 1038 (Ind. Ct. App. 2015). “]” I.C. § 35-45-4-2. [11] Nichols acknowledges that the State established the elements of Class A misdemeanor prostitution, but she argues that it did not rebut her defense of entrapment.”
Tiese Smith v. State of Indiana (Ind. Ct. App. 2014).
— Ind. Code § 35-45-4-2(a) — 1 case
State of Indiana v. Shianne Brooks-Brown (Ind. Ct. App. 2024).
— Ind. Code § 35-45-4-2(a)(1) — 1 case
State of Indiana v. Shianne Brooks-Brown (Ind. Ct. App. 2024).
— Ind. Code § 35-45-4-2(b) — 2 cases
Christine M Anderson v. State of Indiana (Ind. Ct. App. 2024).
State of Indiana v. Shianne Brooks-Brown (Ind. Ct. App. 2024).
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