Sec. 3. (a) A person who knowingly or intentionally
pays, or offers or agrees to pay, money or other property to another
person:
(1) for having engaged in, or on the understanding that the other
person will engage in, sexual intercourse or other sexual conduct
(as defined in IC 35-31.5-2-221.5) with the person or with any
other person; or
(2) for having fondled, or on the understanding that the other
person will fondle, the genitals of the person or any other person;
commits making an unlawful proposition, 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 not a defense to a prosecution under this section that the:
(1) victim consented to engage in prostitution; or
(2) intended victim of the offense is a law enforcement officer.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts
1977, P.L.340, SEC.78; Acts 1979, P.L.301, SEC.2; P.L.310-1983,
SEC.4; P.L.158-2013, SEC.527; P.L.48-2017, SEC.2; P.L.144-2018,
SEC.31; P.L.215-2018(ss), SEC.17.
Notes of Decisions
Kenneth Griesemer v. State of Indiana, 26 N.E.3d 606 (Ind. 2015).
· cites it 8× “1 “A person who knowingly or intentionally pays, or offers or agrees to pay money or other property to another person .”
Kenneth Griesemer v. State of Indiana, 10 N.E.3d 1015 (Ind. Ct. App. 2014).
· cites it 8× “1 Ind. Code § 35-45-4-3 . 2 We held oral argument on this case on February 11, 2013, at the Indiana Statehouse, before an audience of participants in the Indiana Bar Association’s Leadership Development Academy.”
Ferge v. State, 764 N.E.2d 268 (Ind. Ct. App. 2002).
· cites it 2× “Ind.Code § 35-45-4-3 (1998). 2 . Street terminology for fellatio.”
Paul D. Mobley v. State of Indiana, 27 N.E.3d 1191 (Ind. Ct. App. 2015).
· cites it 4× “on the understanding that the other person will engage in, sexual intercourse or deviate sexual conduct with the person or with any other person.”
Dorn v. State, 819 N.E.2d 516 (Ind. Ct. App. 2004).
· cites it 2× “I.C. § 35-45-4-3 (West, PREMISE through 2004 2nd Regular Sess.”
Ni Kung v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).
· cites it 4× “Detective McLemore then said she 1 Ind. Code § 35-45-4-3 . Court of Appeals of Indiana | Memorandum Decision 49A02-1504-CR-196 | February 9, 2016 Page 2 of 6 could do it for twenty dollars.”
Lorenzo Montes-Garnica v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).
· cites it 2× “See Ind. Code § 35-45-4-3 (1). An agreement means “a mutual understanding between two or more persons about their relative rights and duties regarding Court of Appeals of Indiana | Memorandum Decision 49A05-1603-CR-655 | November 7, 2016 Page 4 of 7 past or future performances;…”
John Browning, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
· cites it 2× “[13] The offense of patronizing a prostitute as a class A misdemeanor is governed by Ind. Code § 35-45-4-3 , which provides in relevant part: A person who knowingly or intentionally pays, or offers or agrees to pay, money or other property to another person: (1) for having…”
Manuel Biggs v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
· cites it 2× “He 1 Ind. Code § 35-45-4-3 (2014). Court of Appeals of Indiana | Memorandum Decision 49A02-1611-CR-2537 | May 4, 2017 Page 2 of 7 nodded first at her and she nodded back.”
Joshua Banks v. State of Indiana (Ind. Ct. App. 2012).
· cites it 2× “Under Indiana Code section 35-45-4-3, Class A misdemeanor patronizing a prostitute is: A person who knowingly or intentionally pays, or offers or agrees to pay, money or other property to another person: (1) for having engaged in, or on the understanding that the other person…”
Henry Morales v. State of Indiana (Ind. Ct. App. 2014).
· cites it 2× “Indiana Code Section 35-45-4-3 provides in relevant part that a person commits class A misdemeanor patronizing a prostitute if that person “knowingly or intentionally pays, or offers or agrees to pay money or other property to another person … on the understanding that the other…”
— Ind. Code § 35-45-4-3(1) — 1 case
Paul D. Mobley v. State of Indiana, 27 N.E.3d 1191 (Ind. Ct. App. 2015).
“on the understanding that the other person will engage in, sexual intercourse or deviate sexual conduct with the person or with any other person.”
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.