Indiana Code

Ind. Code § 35-46-1-8 (2026)

Contributing to the delinquency of a minor

✓ current as of May 2026

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Sec. 8. (a) A person at least eighteen (18) years of age who knowingly or intentionally encourages, aids, induces, or causes a child to commit an act of delinquency (as defined by IC 31-37-1 or IC 31-37-2) commits contributing to delinquency, a Class A misdemeanor, except as provided in subsections (b) through (e).

(b) If the delinquent act described in subsection (a) would be a felony if committed by an adult, the offense described in subsection (a) is a felony of the same level as the delinquent act would be if committed by an adult.

(1) the person committing the offense is at least twenty-one (21) years of age and knowingly or intentionally furnishes:

(A) an alcoholic beverage to a child in violation of IC 7.1-5-7-8 when the person committing the offense knew or reasonably should have known that the person furnished the alcoholic beverage was a child; or

(B) a controlled substance (as defined in IC 35-48-1.1-7) or a drug (as defined in IC 9-13-2-49.1) in violation of Indiana law; and

(2) the consumption, ingestion, or use of the alcoholic beverage, controlled substance, or drug is the proximate cause of the death of any person.

(d) Except as provided in subsection (c), the offense described in subsection (a) is a Level 6 felony if:

(1) the person committing the offense is at least twenty-one (21) years of age;

(2) the child who commits the delinquent act is less than sixteen (16) years of age; and

(3) the act would be a misdemeanor if committed by an adult.

(e) If the person who commits the offense described in subsection (a) is at least twenty-one (21) years of age, and the child who commits the delinquent act is less than sixteen (16) years of age, the offense is:

(1) a Level 5 felony if the delinquent act would be a Level 6 felony if committed by an adult;

(2) a Level 4 felony if the delinquent act would be a Level 5 felony if committed by an adult;

(3) a Level 3 felony if the delinquent act would be a Level 4 felony if committed by an adult;

(4) a Level 2 felony if the delinquent act would be a Level 3 felony if committed by an adult;

(5) a Level 1 felony if the delinquent act would be a Level 1 or 2 felony if committed by an adult; or

(6) punishable under IC 35-50-2-3(a) (penalty for murder) if the delinquent act would be murder if committed by an adult.

As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.91; Acts 1978, P.L.144, SEC.12; Acts 1979, P.L.276, SEC.58; P.L.216-1996, SEC.24; P.L.1-1997, SEC.152; P.L.46-2004, SEC.2; P.L.2-2005, SEC.126; P.L.1-2006, SEC.533; P.L.151-2006, SEC.18; P.L.158-2013, SEC.554; P.L.252-2017, SEC.18; P.L.186-2025, SEC.242.

Notes of Decisions

Cited in 27 cases, 1983–2019 · leading case: Rush v. State, 881 N.E.2d 46 (Ind. Ct. App. 2008).

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Rush v. State, 881 N.E.2d 46 (Ind. Ct. App. 2008). · cites it 4× “…to the delinquency of a minor. The judgment of the trial court is affirmed. RILEY, J., and MAY, J., concur. 1 . Ind.Code § 35-46-1-8.”

Lineberry v. State, 747 N.E.2d 1151 (Ind. Ct. App. 2001). · cites it 4× “[3] Ind.Code § 35-46-1-8. [4] Ind.Code § 35-44-3-3(a)(3).”

Phelps v. State, 914 N.E.2d 283 (Ind. Ct. App. 2009). · cites it 4× “§ 35-46-1-8; Count 5, sexual miseon-duct with a minor, a Class C felony, I.”

Nicholaus Knecht v. State of Indiana, 85 N.E.3d 829 (Ind. Ct. App. 2017). · cites it 2× “” Ind. Code § 35-46-1-8 (2014). An act of delinquency includes a curfew violation.”

Nation v. State, 445 N.E.2d 565 (Ind. 1983). · cites it 4× “Code § 35-45-4-4 (4) (Burns 1979), Count III, Contributing *567 to the Delinquency of a Minor, Ind. Code § 35-46-1-8 (Burns 1979), and Count IV, Intimidation, Ind.”

Haycraft v. State, 760 N.E.2d 203 (Ind. Ct. App. 2001). · cites it 2× “§ 35-46-1-8. [5] Haycraft argues that the prosecutor was "referring to [Haycraft] as a witness and stating that [his] `testimony' was uncontroverted as well.”

Waldon v. State, 829 N.E.2d 168 (Ind. Ct. App. 2005). · cites it 2× “Ind.Code § 35-46-1-8 (Burns Code Ed. Repl.”

Sharkey v. State, 967 N.E.2d 1074 (Ind. Ct. App. 2012). · cites it 2× “§ 85-45-2-1(a)(1) and Count II, contributing to the delinquency of a minor, a Class A misdemeanor, I.C. § 35-46-1-8. On August 23, 2011, Sharkey entered into a plea agreement with the State in which he agreed to plead guilty to the Class D felony intimidation in exchange for the…”

Cortez v. Jo-Ann Stores, Inc., 827 N.E.2d 1223 (Ind. Ct. App. 2005). · cites it 2× “Ind.Code § 35-46-1-8. 5 . Moreover, operating a vehicle while intoxicated is a Class C misdemeanor.”

Suarez v. Town of Ogden Dunes, Ind., 581 F.3d 591 (7th Cir. 2009). “Ind.Code 35-46-1-8 (penalizing an adult who “knowingly or intentionally encourages, aids, induces, or causes a person less than 18 years of age to commit an act of delinquency”); Rush v.”

Hodgkins v. Peterson, 175 F. Supp. 2d 1132 (S.D. Ind. 2001). · cites it 2× “She believes that the curfew law deprives parents of the right to allow their children to be in public, with parental permission, after the times *1139 proscribed by the law and indeed makes it a crime, under Indiana Code Section 35-46-1-8, for a parent to allow a child to be…”

Robles v. State, 758 N.E.2d 581 (Ind. Ct. App. 2001). “§ 35-46-1-8. Robles does not challenge these convictions on appeal.”

Show all 27 citing cases →

— Ind. Code § 35-46-1-8(a) — 4 cases

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

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

Paul Lundy v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).

Jonathan Paul Graham v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).

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