Daviess County - Indiana Criminal Code 2022

172

CRIMINAL LAWAND PROCEDURE

son who allegedly committed the offense or the person’s agent; and (B) ensuring that the names and iden tifying information of the alleged vic tim and the victim’s family members are not disclosed to the public.

35-42-4-7. 35-42-4-8. 35-42-4-9.

Child seduction. Sexual battery.

Sexual misconduct with a minor. 35-42-4-10. Unlawful employment near children by sexual predator. 35-42-4-11. Sex offender residency offense. 35-42-4-12. Sex offender Internet offense. 35-42-4-12.5. Sex offender unmanned aerial vehicle offense. 35-42-4-13. Inappropriate communication with child. 35-42-4-14. “Serious sex offender” defined. 35-42-4-1. Rape. (a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with another person or knowingly or intentionally causes another person to perform or submit to other sexual conduct (as defined in IC 35-31.5-2-221.5) when: (1) the other person is compelled by force or imminent threat of force; (2) the other person is unaware that the sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) is occur ring; (3) the other person is so mentally dis abled or deficient that consent to sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) cannot be given; or (4) the person disregarded the other per son’s attempts to physically, verbally, or by other visible conduct refuse the person’s acts; commits rape, a Level 3 felony. (b) An offense described in subsection (a) is a Level 1 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; (3) it results in serious bodily injury to a person other than a defendant; or (4) the commission of the offense is facil itated by furnishing the victim, without the victim’s knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a con trolled substance (as defined in IC 35-48 1-9) or knowing that the victim was

This subsection shall be administered by law enforcement agencies and the Indiana criminal jus tice institute as appropriate. (b) Not more than fifteen (15) days after the date a law enforcement agency first encounters an alleged victim of an offense under sections 1 through 1.4 of this chapter, the law enforcement agency shall provide the alleged victim with a completed Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (LEA Declaration, Form I-914 Supplement B) in accor dance with 8 CFR 214.11(f)(1). However, if the law enforcement agency finds that the grant of an LEADeclaration is not appropriate for the alleged victim, the law enforcement agency shall, not more than fifteen (15) days after the date the agency makes the finding, provide the alleged victim with a letter explaining the grounds for the denial of the LEADeclaration. After receiving a denial letter, the alleged victim may submit addi tional evidence to the law enforcement agency. If the alleged victim submits additional evidence, the law enforcement agency shall reconsider the denial of the LEA Declaration not more than seven (7) days after the date the agency receives the addi tional evidence. (c) If a law enforcement agency detains an alleged victim of an offense under sections 1 through 1.4 of this chapter who is less than eight een (18) years of age, the law enforcement agency shall immediately notify the department of child services that the alleged victim: (1) has been detained; and (2) may be the victim of child abuse or neglect. Chapter 4. Sex Crimes. 35-42-4-1. Rape. 35-42-4-3. Child molesting. 35-42-4-4. Child exploitation; child pornography. 35-42-4-5. Vicarious sexual gratification; performing sexual conduct in the presence of a minor.

35-42-4-6.

Child solicitation.